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A defendant shall be punished by imprisonment for not less than eight 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
1. The Defendant, at the coffee shop in Ulsan-gu defense Dong-dong, Ulsan-gu around May 2014, sells to the Victim C (Woo 44 years old) for KRW 12,300,000.
When remitting money, I will transfer the ownership of the A6 vehicle.
“Falsely speaking,” and its affiliated members were delivered KRW 12,30,000 to the Saemaul Treasury account in the name of D on May 21, 2014.
After that, on June 11, 2014, the Defendant sent a phone to the victim at a place where the location is unknown, and then sold a car to the victim if it is paid more than 2.7 million won because there is a better vehicle than the first vehicle presented at the time.
‘Falsely speaking, it received KRW 2.7 million from the injured party to the Saemaul Treasury account in the name of D.
However, even if the defendant did not own a A6 car, and even if he received KRW 15 million from the injured party, he did not have any intention or ability to transfer the ownership of a DNA A6 vehicle to the injured party.
Nevertheless, the Defendant, as seen above, was issued KRW 15 million from the injured party.
2. When the Defendant was unable to transfer a vehicle DA6 even after receiving money from the injured party as above, the Defendant: (a) the Defendant transferred the Defendant’s low-priced vehicle (vehicle No. E) to the injured party as a collateral; (b) the victimized party occupied and operated the said low-priced vehicle.
On August 27, 2015, the Defendant discovered that a passenger car was parked on the street near Ulsan-dong, Ulsan-gu, Ulsan-gu, 7:5-gil, 55-gil, and the Plock High School, and used a auxiliary key that was kept without transferring to the victim, the Defendant started to drive the string of the string.
Accordingly, the defendant taken the object of the defendant's possession of the victim and interfered with the exercise of the victim's right by taking the object of claim security.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Account transactions;
1.The application of each of the Acts and subordinate statutes to the investigation reporting.