Text
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 August 30, 2011, the Defendant was sentenced to ten months of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on December 24, 2011.
On March 10, 2010, the defendant is required to provide the victim with security when he/she received goods on credit while operating internal marina and receiving goods on credit.
The real estate price will be fully paid within 2 months from the face of the old real estate.
The phrase “ makes a false statement.”
However, in fact, the Defendant did not have any intent or ability to pay the real estate purchase price even if he received the ownership transfer of real estate from the injured party, because the Defendant had a debt of 200 million won for the credit purchase price at the time, and the principal and interest of the bonds are paid in 1.2 million won each day.
On April 16, 2010, the Defendant received the registration of transfer of ownership from the injured party against F, and against F, No. 1 of the Incheon Southern-gu, Incheon-gu, in an amount equivalent to 52 million won at the market price of the injured party as the actual owner.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police of D;
1. A certificate of all registered matters;
1. Terms and conditions of loan transaction, pledge, loan certificate, and letter of performance;
1. Details of transactions of deposits and withdrawals;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (verification of suspect records), and application of the text of the judgment;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Since there are concurrent crimes by the latter part of Article 37 of the Criminal Code, the sentencing criteria shall not apply.
2. The fact that the amount of damage caused by the instant crime is not certain, and that the Defendant has the same power is disadvantageous to the Defendant.
However, the defendant is the case.