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Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
A On May 30, 2019, the District Court of the Republic of Korea sentenced a two-year suspended sentence to six months of imprisonment for the violation of the Road Traffic Act (LA) and became final and conclusive on December 27, 2019.
Defendant
A is a person who was working as a heavy and sea-dr in D companies located in Gangnam-gu Seoul Metropolitan Government from June 2016 to December 2018, and the Defendants are known from around 2016 to around 2016.
Victim E is a person who operates “H” for the purpose of high-speed trading business in the G located in Bupyeong-si, Busan, and is a relation known to Defendant A.
1. The sole criminal conduct of Defendant A;
A. On July 24, 2017, the Defendant decided to arrange for sale of the halog golf car, received KRW 4.5 million from the victim, and then delivered the said car to the victim, the Defendant heard from the victim who purchased the said car, that “it is difficult to purchase any photograph and its situation different,” and on July 24, 2017, the Defendant called the victim at a coffee shop located in Gangnam-gu Seoul, to return the sales price immediately if the borrower of the said car returned the car. This would not be a person who would have to receive the said car first.”
However, in fact, the Defendant did not deliver 4.5 million won of the above car sales price to the J of the borrower of the above car, and had already been consumed by living expenses, etc., and there was no certain income at the time and there was no economic difficulty. Thus, even if the above car was received from the victim, the Defendant did not have the intent or ability to return the sales price to the victim normally.
Nevertheless, the Defendant, by deceiving the victim as above, received one set of golf cars from the G located in F in Bupyeong-si on the same day from the victim, which is worth KRW 4.5 million at the market price.