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In the decision of the defendant I, II, III, IV's 2, V's 2, VI's 2, VI's 4 years and six months of imprisonment, and the decision IV's .
Reasons
Punishment of the crime
On June 5, 2014, the Defendant was sentenced to two years and four months of imprisonment for fraud at the Seoul Central District Court on June 5, 2014, and the judgment became final and conclusive on June 13, 2014, and completed the execution of the sentence in the third intersection of the North Korean Dos on September 20, 2015.
I. "2017 Highest 1046";
1. Fraud against the victim C;
A. On February 28, 2016, the Defendant related to BMW X6 passenger cars is the victim’s representative in the E office operated by the victim C located in Gangnam-gu Seoul Metropolitan Government, and the import vehicle from the siren is a duty-free vehicle and can be purchased at a price lower than the market price.
5,650,00 won is delivered to BMW X6 car on the face of the week, which was promised to deliver to the previous BMW X6 car, and it was said that BMW X6 car will be delivered if it is paid more than KRW 5,50,000,000 which was paid as down payment for passenger car S400.
However, the Defendant was not the representative of Frenk, and was thought to purchase another car with the payment made by the victim, so even if the victim received the price from the injured party, there was no intention or ability to deliver the BMW X6 car to the victim.
The Defendant received a total of KRW 5 million from the injured party on February 29, 2016 and obtained a total of KRW 56,500,000 from the injured party on six occasions, as shown in attached Table 1-1, including the remittance of KRW 8,50,00 from the injured party.
B. On February 2016, the Defendant made a phone call from the Fenek Office located in Seoul Jung-gu Seoul Metropolitan Government, to the victim C, and said, “On the face of the week, 6.5 million won can be deposited into the down payment, and 6.5 million won will be used for a period of two years, and since 2 years, she will pay installments and make it available for a vehicle.”
However, even if the defendant received money from the victim, he/she thought that he/she purchased another car or used the defendant to pay his/her personal debt.