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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is with C's heavy endur in Bupyeong-si, B.
On September 5, 2019, the Defendant agreed to sell a high-speed car to the victim F, “on condition that the victim purchases a high-speed car, it shall be paid to the victim’s KRW 8,90,000,000, excluding the victim’s purchase price of the high-speed car from KRW 12,000,000,000,000,000,000,000,000,000).”
After receiving a request from the victim to cancel the sale and purchase of the said vehicle, the Defendant: (a) had access to the mobile phone in order to arbitrarily change the sale price of the said vehicle from KRW 19.7 million to KRW 37.7 million; (b) presented the changed mobile phone screen to the victim; and (c) stated that “The said vehicle will sell the said vehicle at KRW 35.6 million to KRW 2 million by discounting the sale price of the said vehicle at KRW 37.7 million; and (d) stated that “The Defendant would sell the said vehicle at KRW 35.6 million to KRW 2 million with the purchase price at KRW 37.7 million.”
However, in fact, the owner of the above BMW GT car sold the above car to the victim at KRW 21 million, and the defendant was willing to acquire KRW 35.6 million paid by the victim at the price of the above BMW GT car and KRW 14.6 million paid to the owner as a sales intermediary fee, and there was no intention to notify the victim in writing of the sales intermediary fee under the Automobile Management Act.
On the same day, the Defendant was transferred from the victim to the new bank account in the name of the Defendant, the sum of KRW 35.6 million, and KRW 37.6 million, under the name of the expenses for transferring the registration of the said BMWG car to the new bank account in the name of the Defendant.
Accordingly, the defendant was given property by deceiving the victim.
(i) the evidence;