A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 31, 2019, the Defendant was sentenced to a suspended sentence of ten months for embezzlement at the Incheon District Court on October 31, 2019 and became final and conclusive on November 8, 2019.

The Defendant is a person entrusted with the sale of the said car by C’s agent, who is the owner of the BS350 BP LA car.

Around 15:00 on December 31, 2018, the Defendant made a false statement to the victim G that “F will sell at KRW 63,00,000,000, “F” within the car center of the trade name “F” located in Seocheon-si, Busan, Gyeonggi-do. There are two mortgages established on vehicles, and the mortgage amount set up in H is KRW 27,000,000,000, and the mortgage amount set up in H was not known, but if the vehicle price is paid, the Defendant may resolve two collateral mortgages set up on this vehicle and sell them.”

However, in fact, the Defendant knew that the mortgaged amount set by I was about KRW 92 million, and did not notify the victim of the fact that the amount of the two mortgages was set up by I was about KRW 30 million,000,000,000, and there was no intention or ability to cancel all of the collateral security set out in the said car even if the amount of the two mortgages was paid by the victim.

Nevertheless, as above, the Defendant, by deceiving the victim, had the victim deposit KRW 27,084,567 with the virtual account (K) in the name of H, thereby having the victim repay C’s obligation, which is the owner of the said car.

Accordingly, the defendant had a third party acquire property benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning G and D;

1. Statement of petition, motor vehicle registration certificate, statement of deposit, loan certificate, certificate of automobile transfer, notarial deed, dialogue, register of motor vehicle, inspection of results of transfer, L and text messages;

1. Previous convictions in judgment: Defendant’s legal statement, criminal records, investigation records, and the same kind of records;