A defendant shall be punished by imprisonment for not more than ten 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

[2015 Highest 3143]

1. On August 20, 2015, the Defendant against the victim E is a person engaged in the medium-sized brokerage business, and the victim E by telephone at an insular place. The Defendant attempts to change the victim E with another vehicle the customer has on board.

If you purchase this low-priced vehicle in KRW 8.7 million, they made a false statement to the effect that they will transfer the vehicle in a clean condition by cancelling the mortgage established on the vehicle.

However, in fact, the defendant did not have the intention or ability to deliver the vehicle to the victim without the mortgage as a plan to use the vehicle from the victim for living expenses, etc. other than the cancellation of mortgage.

The Defendant received 8.7 million won from the damaged party to the Agricultural Cooperative Account in the name of this trial on the same day, and acquired it by fraud.

[2016 Highest 395]

2. On January 6, 2014, the Defendant against the Victim F, in the Seo-gu Seo-gu Incheon Metropolitan City Amck-dong Complex, the Defendant would purchase the Victim “G Lastren Crest and Crest and Crest and Crest and Crest and Crest and Crest and Prest and Prest and Prest and Prest and Prest and Prest vehicles.”

“ ........”

However, the defendant did not have the intention or ability to deliver the vehicle even if he received the money from the victim, because he thought that he will use the money to pay his personal debt from the victim.

The Defendant, from the victim to the company bank account in the name of the Defendant, wired the total amount of KRW 8.9 million on January 6, 2014, KRW 4.1 million on January 8, 2014, and KRW 2 million on January 16, 2014.

3. On January 17, 2014, the Defendant against the victim J would give the victim the benefit accrued from the purchase of K3 vehicles and the intermediary conduct in the Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, and the victim who is a middle vehicle with the end of the vehicle.

“.......”

However, the defendant thought that he will receive money from the damaged person to pay his personal debt, and even if he receives money from the damaged person, he shall deliver the vehicle.