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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
1. Around May 2018, the Defendant, at the “C” office located in Sacheon-si B, to sell the F E-E-owned vehicle to the victim D with a KRW 17 million, the Defendant first transferred the said vehicle under the victim’s name, and obtained a loan of KRW 15 million from G as collateral, and then appropriate the loan to the above purchase price. The remainder KRW 2 million is used as the cost of moving the vehicle, and the victim agreed to use the vehicle for the remainder of KRW 3 million, and at the same time, delivered the said vehicle to the victim with the remainder of KRW 7 million.
On May 29, 2018, the Defendant transferred the said car to the victim’s name. Around that time, the Defendant borrowed KRW 15 million from G and used it as the said agreement and embezzled the said car by offering the said car as security at will, around July 2018, to H, who is a land owner, KRW 5 million and at will, as the victim’s market price, KRW 17 million.
2. Fraud;
A. A. Around March 1, 2019, the Defendant called that “If the Defendant sent KRW 500,000 to the said victim under the pretext of the remaining amount of KRW 7 million and the custody expenses, the Defendant would deliver the F Ecoos car to the said victim” by phoneing the said victim at a place where it is not known around March 1, 2019.
However, in fact, the Defendant had already provided the said car to H as collateral as set forth in Paragraph 1, and the Defendant had no intention or ability to deliver the said car to the victim because it was planned to use it as the Internet gambling fund if the victim sent money.
As above, the Defendant, by deceiving the victim, received 7.5 million won from the victim to the I account (J) in the name of the Defendant on the same day.
B. The Defendant of the crime committed on March 5, 2019, at a place where it is not known on March 5, 2019, the victim is asked to sell the vehicle to the victim upon the victim’s request from the victim that “if it is not possible to deliver a FEF car, she will sell it.”