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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On October 10, 2019, the Defendant was sentenced to a suspended sentence of 2 years on July 17, 2020 to a prison term of 8 months for fraud in the Suwon District Court Ansan Branch.
【Criminal Facts】
On or around March 8, 2018, the Defendant decided to sell a D4.5 tons car truck owned by the Defendant, which was affiliated with the Defendant Company B, to the injured party B at a marn-si cafeteria (Sanyang-si) restaurant. The facts are as follows: (a) according to the record of KRW 5,00-60-60 million with respect to the mortgage established at the mortgagee E and the bond amount of KRW 25 million on August 9, 2017, the Defendant’s debt amount against E and F can be recognized as the fact that the Defendant’s debt amount to E and F was 5,00-600-60 million, and the defense counsel also asserted as above and there is no particular obstacle to the Defendant’s exercise of defense right. Thus, it is recognized ex officio as above.
In a situation where the said mortgage can be cancelled, and even if the victim received the purchase price, he/she did not have the intent or ability to cancel the said mortgage because he/she could not pay the installment to G Co., Ltd. established on the said car truck even if he/she received the purchase price, he/she received the payment from the victim, and he/she received a bill of KRW 500,000 from the victim to the H bank account in the name of the defendant on March 8, 2018, and received a bill of KRW 500,000 from the victim to the H bank account in the name of the defendant on March 9, 2018, and acquired a bill of KRW 50,000,000 from the balance on March 21, 2018, and acquired a bill of KRW 50,000,000 from the victim on the aggregate of KRW 59,00,000.
Summary of Evidence
1. Defendant's legal statement;
1. Statement B in the second interrogation protocol of the defendant against the defendant;
1. The police statement concerning B;
1. An automobile registration certificate, a certificate of automobile transfer, a receipt, the register of automobiles, the investigation report (Attachment to public inspection documents), the investigation report ( telephone conversations between the person who has created the collateral security), the investigation report, and the investigation report No. 3693.