A defendant shall be punished by imprisonment for two years.

An application for compensation by an applicant for compensation shall be dismissed.

Punishment of the crime

"2014 Highest 1362"

1. Around November 15, 2011, the Defendant entered into a sales contract for 13.5 million won with the victim F at the office of the middle and high-tech sales company, which was operated by the Defendant, in order to enter into a contract for the purchase price of the Gran TG in KRW 13.5 million.

Since the Defendant received full payment from the victim for the same day in accordance with the above contract, there was a duty to transfer the ownership of the said car to the victim and not establish a limited real right until the ownership is transferred to another person.

However, on May 1, 2012, the Defendant violated the aforementioned duties and received a vehicle security loan of KRW 4.5 million from the Hyundai Capital Co., Ltd., and created a mortgage on the said vehicle in the name of the claim value of KRW 4.5 million, the debtor, the Defendant, and the Hyundai Capital Co., Ltd.

In this respect, the defendant acquired property benefits equivalent to KRW 4.5 million and suffered damages equivalent to the same amount to the victim.

2. Around May 27, 2013, the Defendant: (a) sold the I Eccoo and the I car in the purchase price of KRW 40,40,000 to the Victim H; and (b) transferred the ownership of the said vehicle; (c) on August 8, 2013, the Defendant was requested to replace the said vehicle before and after being transferred by the victim at the Gcoo Engineering and Parking Lots 274-1 (State Ship) as the Ccoo at the time of leisure on August 8, 2013.

On August 9, 2013, while the Defendant kept the said vehicle for the victim, the Defendant arbitrarily sold the vehicle at KRW 3,0140,00 of the purchase price, as described in paragraph (3), to the seller of the second class in K, a second class in the Seo-gu, Daegu-gu, Daegu-gu, to the seller of the second class in K.

Accordingly, the defendant embezzled the victim's property.

3. On August 9, 2013, the Defendant made a false statement to the mid-to long-term trading company in the Seo-gu, Daegu-gu, the Defendant: (a) at K, a mid-to long-term trading company in J; and (b) to the mid-to long-term sales salesperson L, stating that “The owner of the MEEM would sell once again the vehicle; (c) but the owner of the vehicle requests the replacement of the vehicle, as described in paragraph (2).