A defendant shall be punished by imprisonment for not less than eight months.

The defendant pays 25,100,000 won to the applicant through fraud.

Punishment of the crime

On August 12, 2020, the Defendant: (a) reported the Defendant’s sales writing on the bulletin board of the medium-sized trading website at the temporary parking lot in front of Suwon-si, Suwon-si on August 12, 2020; and (b) sold a vehicle owned by the Defendant to KRW 25,100,000 after cancelling the attachment of local tax and installment payments in arrears and collateral security.

It is possible to terminate the seizure and mortgage for more than 6 market prices, so it is expected to terminate the seizure and mortgage on the face of a week to deposit the vehicle price.

“.....”

However, in fact, the defendant was thought to use the money received from the injured party as gambling money, etc., and there was no property other than one million won of the lease deposit, and there was no certain income, and there was no intention or ability to transfer the above vehicle to the injured party by cancelling the seizure and mortgage established on

Nevertheless, the defendant, as mentioned above, received 25.1 million won from the damaged person to the T bank account in the name of the defendant on the same day and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the provisions of the Acts and subordinate statutes governing the registration of motor vehicles to the AB written text of the police statement, passbook photographs, driver's license, motor vehicle registration certificate, certificate of motor vehicle registration, certificate of transfer, inquiry about the results of transfer;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Articles 25 (1) 1 and 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation and Sentence of Provisional Execution;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than ten years;

2. Scope of recommended punishment according to the sentencing guidelines: The basic area of punishment for not less than six months but not more than one year and six months (the type of decision) (the amount less than 100 million won) for the general fraud (the amount less than 100 million won) [the area of recommendation].

3. Determination of sentence: The defendant in eight months of imprisonment, by deceiving the victim in the same manner as the written judgment, shall not exceed twenty-five million won.