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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 22, 2016, the Defendant sold the CMF vehicle to the victim B through the Kakao Stockholm message at around 11:00 on July 22, 2016.
On July 23, 2016, when paying 12 million won as down payment, it was remitted 12 million won as down payment through the agricultural bank account in the name of the defendant's motherD account in the name of the defendant's mother-friendly D.
However, in fact, even if the Defendant received money under the above name, he did not use it as the purchase fund of the above vehicle, and was planned to use it as the acquisition fund and the operating fund of the E industry company that the Defendant decided to purchase, and there was no funds to compensate for it. Therefore, the above vehicle did not have the intent or ability to sell
Accordingly, the defendant deceivings the victim as above and defrauds 12 million won.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Inquiries into car Stockholm photographs, details of transactions, and comprehensive car details;
1. Application of Acts and subordinate statutes to report on investigation (to listen to the F phone statement by a witness);
1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 62-2 of the Criminal Act are the defendants with four times of fraud, and one of them is the previous criminal records of probation, and there are unfavorable circumstances that commit the instant crime during the same period of probation.
However, as the defendant promises to pay 8 million won in total each month, the fact that 4 million won has been deposited for the victim, that the defendant is against the recognition of the crime of this case, that the defendant promises to pay 8 million won out of the amount of damage, and that he promises to pay 5 million won in total, it shall be determined by the special matters to be observed.
shall be determined by taking into account the type of punishment.