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Defendant
A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of four months.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
[2018 Highest 2875]
1. On September 9, 2017, Defendant A made a false statement to the victim F at the Bupyeong-si Building C and the D E office that he/she works as his/her employee, stating, “When he/she purchases a loan from the G K5 vehicle (2014 formula, odometer 232,124 km) by taking out a loan from the G K5 vehicle, he/she will assist the Defendant in paying the loan for three months, and will arrange to purchase or sell the said vehicle again without any condition for three months after the payment.”
However, the defendant presented a condition that it is impossible for the victim to raise the results of vehicle sales, so even if the above vehicle is sold to the victim, there was no intention or ability to re-purchase or commission the above vehicle after three months.
Nevertheless, as above, the Defendant: (a) by deceiving the victim; (b) had the victim borrow KRW 24,624,00 from “H” for the purchase price of vehicles; and (c) obtained pecuniary benefits equivalent to the same amount.
[2018 Highest 3625]
1. Defendant A
A. On March 2, 2018, the Defendant: (a) took advantage of the fact that the victim I, who had reported the false sheet and found the above sub-city C building, was North Korean defectors, received money as the purchase price for the false sheet; and (b) did not return it; and (c) asked B to purchase another vehicle and sell it at a price lower than the market price; and (d) requested B to explain the vehicle and prepare a contract, etc. by accompanying him/her.
The Defendant and B met the victim in the above trading complex on the same day, but conducted as if they concluded a sales contract for the 2017-type car, a false article, and received 6,300,000 won as the price, and displayed the performance record of the car-generating vehicle stating "I do not know about the 32-time causes during the driving." The Defendant and B provided the victim with a belief to purchase the vehicle.
The defendant continues to request the victim to cancel the purchase of knife vehicle.