사기
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On February 2, 2011, the Defendant made a false statement to the victim D in the factory of the Defendant’s operation in Gwangju-si, stating, “When the fire fighting vehicle has been sold at a high-quality price, it may be remodeled after being awarded a successful bid, and then sold, it would be punished for money if sold.” The Defendant purchased the fire fighting vehicle at the cost of the purchase of the fire fighting vehicle, and then would bring the proceeds from the sale to the party.”
However, even if the defendant receives money from the victim, he was thought to be used for the personal purpose of the defendant, and he did not have the intention or ability to pay the benefit accrued from the sale to the victim after purchasing or remodelling the fire vehicles.
As above, the Defendant, by deceiving the victim as above, received 5 million won from the victim, who was in his seat, under the name of the fire-fighting vehicle.
2. On February 2, 2011, at the place indicated in the preceding paragraph, the Defendant concluded that “The purchase price of the accessories for dump trucks among the dump trucks and the 10 parts of the accessories are left at low prices to E, and subsequently, he/she would bring profits from selling them to the Party by remodeling a dump truck after he/she received the accessories from E at home.”
However, even if the victim pays the purchase price of the valuable accessories to E, the defendant did not have the intent or ability to pay the benefit accrued from selling by remodeling the dump truck after receiving the valuable accessories from E.
As above, the Defendant, by deceiving the victim as above, had the victim pay 9.6 million won for the purchase price of dump truck accessories on behalf of the defendant at the seat, thereby obtaining pecuniary benefits equivalent to the above amount.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police statement law to D;
1. Relevant Article 347 (1) and (2) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;