beta
Text
A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[2012 Highest 1249]
1. Around April 29, 2010, the Defendant concluded a motor vehicle leasing agreement on the condition that the leased fee of KRW 1,703,600 for the victim Hyundai Capital Co., Ltd. and the victim’s Dsch Rexroth car owned by the Defendant would be paid each month from April 29, 2010 to November 29, 2013, and embezzled it by providing the said Csch Rexroth car as security at a cost of KRW 10 million from a person whose name cannot be known on February 2012 while taking over the said Csch Rexroth car and keeping it in custody.
In addition, the Defendant embezzled an amount equivalent to KRW 173,847,371 in total four times from September 201 to February 2012, 201 by the same method as indicated in the attached list of crimes (1).
2. On March 1, 2012, at a place where the location is unknown, the Defendant was issued the relevant documents necessary to enter into a car lease contract with the victim E, “I see whether the victim E can lease two cars to be used for business purposes.”
On March 4, 2012, the Defendant called the victim on the phone on March 4, 2012, saying, “The Defendant sent the down payment of KRW 10 million of the lease contract as the qualification approval for the examination of the lease contract has already been granted.” The Defendant sent KRW 10 million to the victim without molding it three days after the week.”
However, there was no approval of the eligibility to examine the lease contract for the two motor vehicles at the time, and the defendant did not have the intention or ability to lease the two motor vehicles of the Crassler, even if he received the down payment from the beginning and was planned to use it for the personal purpose of the defendant, even if he received the down payment from the victim.
Nevertheless, the Defendant, as above, deceiving the victim and deceiving it from the victim on March 6, 2012, is about KRW 10 million as the down payment for the automobile lease contract.