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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On July 4, 2018, the Defendant sold E- B B B B car owned by the Defendant to the victim D, a company selling the E- B B B car at an underground parking lot located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, stating, “I will pay 15.8 million won to F on the face of a week, pay 13.2 million won for the E-B car, and transfer the name after the termination of the mortgage set forth on the said car.”
However, even if the defendant received money from the victim, he thought that it will be used for the payment of living expenses and personal debt, and there was no other property or income, and there was no intention or ability to terminate the collateral mortgage of the car and transfer the name.
On July 5, 2018, the Defendant, by deceiving the victim as above, received KRW 15.8 million from the victim to the G bank account (H) in the name of the Defendant, and acquired it by fraud.
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. A complaint;
1. Application of Acts and subordinate statutes to an investigation report (Submission of documentary evidence of a victim - the submission of an accused motor vehicle register, the submission of an accused motor vehicle register, the submission of a warrant of search, seizure and verification, reply to a warrant of search, seizure and verification, hearing of statements of a victim, and I reply
1. The reason for sentencing of Article 347 (1) of the Criminal Code of the relevant criminal facts [the scope of recommending punishment] The basic area (6 to 100 million won) of the first type (6 to 6 months) of the Criminal Code of the Criminal Code [the decision of sentencing] of the defendant has no criminal record of imprisonment without prison labor or heavier, and there are circumstances that the defendant does not endeavor to recover damage of the victim of this case after the crime. However, the defendant appealed several times of crimes committed by the time of the crime of this case and is still pending in the appellate court, taking into account the fact that he/she was sentenced to punishment and is detained by other cases, and is under trial.