Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
[criminal history] On February 11, 2015, the Defendant was sentenced to eight months of imprisonment for fraud in the Daegu District Court’s Port Branch, and completed the execution of the sentence in the racing prison on October 7, 2015.
[Criminal facts]
1. On August 3, 2016, the Defendant would lend 2,310,00 won to the victim B to purchase a few vehicles with a wide halogen vehicle.
The phrase “the phrase was false.”
However, even if the Defendant borrowed money from the damaged party, he was able to use the money for living expenses, etc., and due to the bad credit holder at the time, he did not have any intent or ability to repay the money even if he borrowed money from the damaged party.
Defendant deceiving the victim as above and transferred KRW 2,310,00 to the Daegu Bank Account in the name of C on August 3, 2016.
2. On August 2016, 2016, when the victim B demanded the Defendant to pay the amount borrowed as stated in paragraph 1, the Defendant would purchase BM U.S. vehicle worth KRW 38 million at the market price if he/she sent more than KRW 13.5 million.
The phrase “the phrase was false.”
However, even if the defendant borrowed money from the damaged party, he/she was thought to use the money for living expenses, etc., and even if he/she received money from the damaged party, he/she did not have the intention or ability to purchase the BM MW U vehicle.
From August 31, 2016 to December 1, 2016, the Defendant deceiving the victim as above, and received a total of KRW 13.5 million from the Daegu Bank Account under C and the national bank account under C’s name from August 31, 2016 to December 1, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. A copy of the confirmation letter on the delivery and sales agreement of vehicles, a copy of the written pledge on the termination of a vehicle contract, a detailed statement of entry and withdrawal transactions, and a copy of each passbook (Tgu Bank, National Bank, and Saemaul Treasury);
1. Previous convictions in judgment: Investigation report (verification of the same record as a suspect), judgment and acceptance status of each individual;