beta
Text
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
"2014 Highest 3936"
1. The Defendant against the victim C is a person who was engaged in the used vehicle sales business as a used vehicle. On February 12, 2014, the Defendant: (a) around 14:00, in the Franchise D Automobile Trading Complex E located in the Busan Franchise-gu, Busan; (b) agreed to secure a 1 unit of the franchise TG car and a 1 unit of the LOX AX car (hereinafter “each vehicle of this case”) to sell to the victim C in total at KRW 23 million; and (c) received KRW 23 million from the Defendant’s corporate bank account as the purchase price on the same day.
However, at the time of February 12, 2014, the Defendant was in the state of debt worth KRW 15 million to G, KRW 6 million to H, KRW 6 million to J, KRW 10 million to J, and KRW 37 million in total, and the Defendant planned to use the above KRW 23 million for the repayment of debt to the above G, etc. In short, if the Defendant used the above KRW 23 million as above, the Defendant did not have a financial capacity to secure each of the of the of the of the of the of the of the of this case, and the Defendant did not have an intent or ability to transfer each of the of the of the of this case to the victim.
Nevertheless, the Defendant deceivings the victim as above, and then acquired 23 million won from the victim for the purchase price of each passenger car of this case.
"2014 Highest 6878"
2. On December 203, the Defendant: (a) was a person who sells a secondhand car to the victim K; (b) was requested by the victim K to sell a thirdhand car in the Seogu Daegu-gu LJ around the end of December, 203; and (c) was decided to return to the victim by deducting nine million won from the price of selling the said car to the Defendant of the victim.
On February 6, 2014, the Defendant sold the said vehicle to the person who was not in the name of the Plaintiff at the Busan Franchi Complex, and received the price for the said vehicle at KRW 17.4 million, and embezzled by consuming the said vehicle for personal use, such as personal debt repayment, according to the mind, around that time.
Summary of Evidence
1.