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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 13, 2013, the Defendant was sentenced to a suspended sentence of ten (10) months of imprisonment for fraud at the Ulsan District Court, which became final and conclusive on June 21, 2013.
1. On July 17, 2012, the Defendant: (a) stated that “The Plaintiff would purchase a used motor vehicle with the same weight as “the change of the president’s car at the same time” was made to the victim in Ulsan-gun C Apartment 101 Dong 1006, Ulsan-gun, Ulsan-gun, U.S., the victim’s house; (b) the Defendant would purchase a used motor vehicle by purchasing a used motor vehicle from the victim; (c) the Defendant would lend a borrowed motor vehicle with the vehicle mortgage; (d) the amount of money is less than 14 million won; (d) the Defendant would transfer the vehicle to the president within one month; (e) the price of the mother and child would be settled last.”
However, as the defendant has a debt amounting to KRW 34 million to others, he/she thought that he/she will be used to repay his/her debt with the purchase price of the vehicle that he/she received from the victim, and he/she did not have an intention or ability to purchase the vehicle among the victims.
The Defendant, by deceiving the victim as above, received KRW 14 million from the victim as the purchase price of the vehicle from the victim, and acquired it through the passbook in the name of the Defendant.
2. On September 5, 2012, the Defendant told the victim at the home of the said victim that “Accuss vehicle is leaving a Ecoos vehicle, and the money is insufficient.” The Defendant would transfer the money to the name of Ecoos vehicle within one month from the transfer of the money.”
However, even if the defendant receives the purchase price of the vehicle from the victim, he did not have the intention or ability to purchase the vehicle with heavy weight.
As above, the Defendant, by deceiving the victim as above, received from the victim, KRW 9.5 million around September 5, 2012, and KRW 4.8 million around September 14, 2012, from the victim as the purchase price for vehicles, and acquired it by deceiving the victim as the passbook in the name of the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. B.