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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 16, 2012, the Defendant purchased Emerpted Large Cargo Vehicles from the CFS Center to the victim by August 16, 2012, if the Defendant: (a) purchased Emerpted Cargo Vehicles from the CFS Center; and (b) purchased them by August 16, 2012.

Although "the fact" was found, even if the above money was received from the victim, it was intended to use it for personal purposes such as repayment of the defendant's obligation, and there was no intention or ability to deliver it to the victim after purchasing the cargo vehicle as above.

As above, the Defendant, by deceiving the victim as above, received KRW 40 million from the victim around July 17, 2012 and KRW 10 million around the 25th day of the same month.

Accordingly, the defendant was delivered KRW 50 million by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on deposit certificates;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the Suspension of Execution [Determination of Punishment] - In the case of causing serious damage to the victim of the aggravated factors [Determination of the area of recommendation] The basic area / [Scope of recommendation] six to ten months [general person] - there is no record of criminal punishment for mitigated factors / [Scope of punishment] applicable provisions: the statutory punishment under Article 347 of the Criminal Act: 1 to ten years: (10) : (1) month to ten (10) years of statutory punishment: there is no record of positive punishment: (1) year to ten (10) year from positive punishment; (2) year from January to June 10; and (3) year from June to June 16 [Determination of the area of recommendation]; and (3) year from January to August 16; and (4) the defendant is aware of a large amount of fraud by the victim or part of his property damage; and (4) year from January to June 10.