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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
[criminal records] On April 25, 2013, the Defendant was sentenced to imprisonment for a period of eight months at the Gwangju District Court for fraud, and the above judgment became final and conclusive on July 25, 2013.
[2] The Defendant, from August 2010 to March 2013, was in conflict with the victim B (n, 37 years of age).
1. On October 30, 2010, the Defendant may purchase a car at the Defendant’s residence located in Seo-gu in Gwangju, Seo-gu, and the Defendant may purchase the car at a container with the Defendant’s work in a siren company.
The purpose was to “to purchase money on the face of a week at a deposit basis for a passenger car.”
However, the defendant was a bad credit holder at the time, and even if he received money from the injured party, he did not have any intent and ability to purchase a car at a container.
Defendant deceiving the victim as above and transferred KRW 5,00,000 on October 30, 201, to an enterprise bank account (D) in the name of Defendant each on November 20, 2010 and KRW 5,000,000 on November 20, 2010, respectively, from the victim as the purchase price for a passenger car from the victim, and received KRW 2,000,000 in cash around November 20, 2010.
2. Around January 6, 2011, the Defendant said that “The Defendant would lend money to the Defendant for the use of a siren business to the Defendant” to the effect that he would repay the money to the Defendant from the French land in the Seo-gu, Seo-gu, Gwangju.
However, the defendant was a bad credit holder at the time and was thought to be used as living expenses, entertainment expenses, etc. even if he received money from the injured party with the business fund, and there was no intention or ability to use it for the siren business or to repay it.
Around January 6, 2011, the Defendant deceiving the victim as above and received KRW 1,00,000,000 from the injured party to the above corporate bank account under the name of the Defendant, as well as transferred KRW 98,440,000 from September 30, 201 to September 30, 201.
Summary of Evidence
1. Statement by the defendant in court;
1. Protocol B of each police statement with respect to B