A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[2012 Highest 3281] The defendant is a person who has been working for a heavy and rapid motor vehicle with his/her arms.

On July 10, 2012, the Defendant, at the “E” office operated by the victim D in Daegu-gu, Seo-gu, Seoul-gu, provided that “A” office, “A” and “E will be sold after purchase and repair of the vehicle,” and that money is not sufficient. If the purchase price of the vehicle is leased, it would be paid within a week together with the borrowed money borrowed before sale.” On the same day, the Defendant was transferred KRW 3 million to the head of the Tong and KRW 7 million to the head of the Tong under the same name as the Defendant on the 13th of the same month.

However, the defendant thought that he would use the used vehicle with the borrowed money from the victim to pay his personal debt, not with his intention to do so, and he did not have the intention or ability to repay the borrowed money from the victim because there was no specific property other than the large amount of debt up to 60 million won at the time.

Accordingly, the defendant deceivings the victim, thereby deceiving 10 million won.

[2012 Highest 3810] On January 10, 2012, the Defendant was delegated by the victim to purchase the said vehicle and transfer it to the name of the victim G by taking out a loan of KRW 47 million from NH Capital Capital Co., Ltd., and purchasing the said vehicle in short of the purchase of FF car trucks at the Dogdong Office of Daegu, Suwon-gu, Daegu.

On January 11, 2012, the Defendant received a loan of KRW 47 million from the above company and used it for the purchase of the above vehicle, and then, around January 17, 2012, the Defendant used 44 million won for the purchase of the above vehicle and embezzled it arbitrarily for the purpose of the purchase of the vehicle, etc., while the Defendant received a transfer of KRW 44 million from the victim to the bank account of our country and used it for the victim.

Summary of Evidence

[Attachment 2012 Highest 3281]

1. Statement by the defendant in court;

2. Statement made by the police against D;

3. Details of transactions, a statement of transfer, and a written confirmation of transfer (2012 high-ranking 3810);

1. Defendant's legal statement;

2. Examination protocol of the accused by prosecution;

3. The statement of the police officer in G.