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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On October 27, 2017, the Defendant: (a) contacted the victim B with a cell phone at a place where it is impossible to know the place of Cheongju-si; and (b) told the victim B to sell KRW 11,50,000 to KRW 11,80,000 if he/she purchases the 30,000-type vehicles in 2013-type vehicles, 11,500,000 to KRW 11,80,000. The Defendant stated that “The transfer of KRW 10,00,000 to C’s new bank account (D)”
However, even if the Defendant received money from the victim, it was intended to use it for the Defendant’s existing personal debt repayment rather than for the purchase price for the MF5 vehicle. Since it was possible to receive the purchase price for another vehicle from another used vehicle selling company to purchase MF5 vehicle, even if it was received from the victim as the purchase price for the MF5 vehicle, the Defendant did not have the intent or ability to pay the money to the victim by using it as the purchase price for the MF5 vehicle and selling it.
Nevertheless, the Defendant made a false statement to the victim and acquired 10,000,000 won from the victim to the new bank account (D) in the name of C.
2. On November 22, 2017, the Defendant purchased 14,500,000 vehicles from QM3, 30,000 won in a 2017 type QM3, 30,000 in contact with the victim as a mobile phone at a place where the Cheongju-si location is unknown, and then sell 16,50,000 won in a 2017 type QM3,60,000.
14,50,000 won in the purchase price of the vehicle was referred to as ‘the remittance to the E account'.
However, in fact, the above QM3 vehicle with the vehicle owned by the defendant purchased the vehicle at a price lower than the market price by making a false statement by the defendant to purchase the vehicle at a price lower than the market price. Even if the vehicle received money from the victim as the purchase price for the vehicle for QM3 vehicle, it was intended to use it as the purchase price for the vehicle and sell it as the purchase price for the vehicle to pay the money to the victim.