[2018 Highest 53] The Defendant is the representative director of Gangdong-gu Seoul Metropolitan Government D (hereinafter “D”) and was faced with financial difficulties since 2013.

D has experienced difficulties in its operation.

1. From the D office around July 2015, the fraud Defendant: (a) disposed of a used bus (F) owned by the victim E with the victim entering the D before the purchase of the new bus by the Defendant; and (b) settled the account that the victim would purchase the used bus to the new bus at the high-end market price when he/she delivered the used bus to the Party B; (c) sold the used bus to the Party B, and used the used bus as the purchase price for the new bus; (d) used the money as the purchase price for the new bus to use the difference between the market price and the new bus purchase price to B; and (e) paid the amount equivalent to the relevant payment to B as the purchase price for the new bus instead of paying the benefits to the Party B.

“A false statement was made to the effect that it was “.”

However, even if the defendant was paid the amount of the victim's benefits as the purchase price of a new bus after receiving a temporary bus from the injured party, he was suffering from the shortage at the time of the payment, even if he was settled that the amount of the victim's benefits was paid as the purchase price of a new bus.

D It was thought that it was used for the operation of D or did not pay benefits to the victim, and there was no intention or ability to purchase a new bus to the victim.

Accordingly, the Defendant, by deceiving the victim as above, received a heavy bus of KRW 135 million owned by the victim from the victim on July 2015, and received a transfer of KRW 40 million from the national bank account (Account Number G) in the name of the Defendant on July 21, 2015, and received KRW 176,270,000 as the purchase price of a new bus on August 2015, and did not pay KRW 1270,000 to the victim on August 2015.