Text
Defendant
A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
The Defendants are those who were engaged in sales in I, a secondhand trading company operated by the victim H(39).
When there is a heavy difference that can be purchased, the Defendants were able to receive the amount equivalent to the purchase price from the damaged party to purchase the vehicle, by using the amount of the purchase price from the damaged party.
1. On August 4, 2016, Defendant A requested that the victim purchase the Belgium car at the I office located in the jurisdiction of Suwon-si, Suwon-si, and that the purchase price be KRW 9 million.
However, even if the defendant received the purchase price from the damaged party, the defendant thought that he will use it for his personal purpose such as repayment of personal debt, and did not think that he will use it for the purchase of the vehicle.
The defendant deceivings the victim as such, and his deceivings the victim, the same month from the victim.
5. The same year without an idea to use nine million won for the purchase of a vehicle, including deposits received as the purchase price of a vehicle.
8.13. 13. Convents C63. 37.0 million won, each of which has purchased any vehicle;
8.16. This year has purchased New Zealand and purchased twenty-four million won or more and one million won or more and three-one million won or more, and the same year.
8. 17. BMW 520D was purchased, and 23.5 million won was deposited in each Defendant’s national bank account, and the victim acquired 120 million won as well as 4.5 million won.
2. On August 17, 2016, Defendant B purchased AD A4 from the victim at the above I office, and requested the victim to change the purchase price of KRW 27 million.
However, even if the defendant received the purchase price from the injured party, he thought that he will use it for his personal purpose such as repayment of personal debt, and did not think that he will use it for the purchase of the vehicle.
As such, the Defendant deceiving the victim and received KRW 27 million from the victim on the same day from the victim to the account of the Defendant’s bank account as the purchase price of the vehicle.