[2016 Highest 501] The Defendant was sentenced to ten months of imprisonment with prison labor for embezzlement at the Jinwon District Court's Jinju branch on October 7, 2015, and the said judgment became final and conclusive on October 15, 2015.

Around 17:00 on August 12, 2014, the Defendant made a false statement to the victim C at the Jinju International Public Parking Lot located in Jinju-si, Jinju-si, Seoul, stating, “A vehicle is a vehicle subject to an agreement on sale with the company.” On August 31, 2014, the Defendant would receive the balance of KRW 40 million on August 31, 2014, and deliver the said bus at the same time.”

On August 18, 2014, the Defendant continued to make a false statement to the victim, stating, “The Defendant would deduct five million won from the purchase price on the face of the week in which the payment remains in the above vehicle due to the overdue payment.”

However, in fact, the above bus is owned by the company D, and the defendant did not have any access to the above bus, and even if the above bus was paid by the victim due to the lack of authority to sell the bus, there was no intention or ability to transfer the above bus even if the above bus was paid by the victim.

As above, the Defendant, by deceiving the victim, transferred KRW 5 million from the victim to the agricultural bank head in the name of the Defendant’s father, to the agricultural bank head around August 12, 2014. On the 18th of the same month, the Defendant received transfer of KRW 5 million as the down payment, and acquired KRW 10 million in total as the intermediate payment.

[2016Gohap633] On January 15, 2009, the Defendant was sentenced to eight months of imprisonment for fraud, etc. in the Changwon District Court’s branch branch branch office, and completed the execution of the sentence on January 26, 2011. The indictment does not contain a criminal record of aggravation of repeated crimes, and Article 35 of the Criminal Act does not include a criminal record of aggravation of repeated crimes, but the Defendant committed each of the following crimes within the period of repeated crimes in full view of each evidence in the ruling. The criminal record, which constitutes a heavy cause for repeated crimes, constitutes criminal facts.