A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who operates a used vehicle trading company.

1. On May 10, 2019, the Defendant: (a) received a request for repair of a vehicle from the victim D in front of the “C” parking lot located in the Seocho-gu Seoul Special Metropolitan City, Seo-gu, Seowon-si; (b) received a request for repair of the vehicle from the victim D; and (c) received an EMW 520d car delivery and kept the vehicle for the victim.

On May 17, 2019, the Defendant transferred the said car to the Defendant’s mother F’s name. On June 24, 2019, the Defendant arbitrarily sold and embezzled the said car from “H” located in G in a reasonable area of Cheongju-si, Cheongju-si.

2. On July 12, 2019, the Defendant called the victim’s phone at a place where it is unknown to the Cheongju-si (hereinafter referred to as “Cheongju-si”) and falsely stated that “I will lend money to the victim with a repayment of KRW 4 million.”

However, the Defendant did not have any particular property under his name, and operated at the time.

J had been suffering from financial difficulties due to its poor sales, and was delinquent in the amount of tax of KRW 19 million, and was responsible for loans equivalent to approximately KRW 100 million, and for the management of the said trading company, the said trading company was responsible for personal debt of KRW 100,000,000,000, and that interest was in arrears.

In addition, there were many places where the above trading company's operating expenses, living expenses, loan interest, etc. were to be paid, while income is not sufficient to be appropriated for the place where payment is made, there was no intention or ability to pay the loan.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 4 million from the victim to the Agricultural Cooperative Account (L) in the name of K on the same day.

3. On September 2019, the Defendant made a false statement to the said victim by phone call at a place where it is impossible to know that he/she would not have been aware of at least Cheongju-si, Cheongju-si.

However, the defendant did not have the intention or ability to repay the borrowed money as stated in Paragraph 1.

Nevertheless, the defendant deceivings the victim and belongs to it.