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A defendant shall be punished by imprisonment for not less than two years and eight months.
The defendant pays 18,032,00 won to the applicant B for the compensation.
Reasons
Punishment of the crime
"2019 Highest 2323"
1. On December 7, 2018, the Defendant purchased from H and kept in custody from G located in Busan-gu Busan-gu on December 7, 2018
I would terminate the mortgage (mortgage value of KRW 11 million) in the name of K Co., Ltd. established on the above vehicle while selling KRW 14 million to the victim J who was working in the middle and high HG vehicle with the above vehicle.
A false statement was made.
However, at the time of fact, the Defendant did not use to terminate the right to collateral security established on the above vehicle even if he received the payment from the injured party for the above vehicle, and did not intend to terminate the above right to collateral security for the victim by raising other funds.
As above, the Defendant was issued 14 million won to the Defendant’s deposit account in the name of the purchase price of the said vehicle from the victimized person.
"2019 Highest 3496"
2. On May 26, 2019, the Defendant made a false statement to the effect that “The Defendant shall post a telephone to the victim L in Busan Metropolitan City, Busan Metropolitan City, and deposit the down payment amount of KRW 700,000,000 to N account, which shall be reduced to KRW 7.3 million.”
However, at the time of fact, the defendant did not use the above low-priced vehicle as the purchase price, but did not intend to raise other funds for personal purposes, and there was no intention or ability to transfer the name of the above high-priced vehicle to the victim.
Nevertheless, on May 31, 2019, the Defendant was transferred from the injured party the sum of KRW 700,000,000 to the Defendant’s N account (O) around June 3, 2019, KRW 5 million to the same account around June 3, 2019, and KRW 1.3 million to the same account around June 5, 2019.
Accordingly, the defendant was given property by deceiving the victim.
"2019 Highest 3526"
3. The Defendant around November 12, 2018.