On December 10, 2009, the Defendant was sentenced to one year and three months of imprisonment for fraud at the Seoul Southern District Court, and the parole period was expired on June 30, 2010 during the execution of the sentence, and the parole period was expired on August 31, 2010 at the Seoul Southern District Court. On August 5, 2011, the Defendant was sentenced to four months of imprisonment for fraud at the Seoul East East District Court, which became final and conclusive on October 14, 201, and the execution of the sentence was completed at the Seongdong-gu District Court on December 5, 2011.

[2012 Highest 402]

1. The Defendant, as an employee of FF Co., Ltd., a used car dealer, was unable to secure used cars requested by the victim, and did not have the intent or ability to make a normal purchase of cars even if he received the purchase price of cars from the victim, but did not have the intent or capacity to pay the purchase price of cars. However, in the situation where the personal liability due to the sale and purchase of used cars, etc. exceeds KRW 200 million, the Defendant, first of all, received the purchase price of cars from the

On June 25, 2011, the Defendant made a false statement to the victim G who requested the purchase of high-class cars from the Japanese bank located in Geumnam-gu, Gwangju Metropolitan City in 2009-gu, 2000CC, stating that “The Defendant would purchase high-class cars from the 23.5 million won at the face of the week by transferring a down payment of KRW 10 million to the account due to the existence of a vehicle.”

The Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Defendant’s Japanese bank account at around that time, as down payment for the purchase price of the said car, and acquired it by fraud.

B. On June 27, 2011, the Defendant, at the Gangseo-gu Seoul Metropolitan Government HH Motor Vehicle Sales Complex, sent 3.5 million won of the balance to the Plaintiff, on the one hand, when the former owner of a passenger car delivers the vehicle to pay the price in full in order to purchase a high-class car with the vehicle for the 2009-type heavy vehicles.