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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On July 27, 2017, the Defendant: (a) the victim D who wishes to purchase a camping r in the “C”, which is a repair business entity operated by the Defendant in the U.S. C, around 2017; and (b) the Defendant: (c) there is a business entity doing so on behalf of the Defendant in the U.S. among the trading business entity.
It is intended to purchase KRW 35,379,945 with the purchase price of Han Litler in lieu of a large bitr in body with a large bitr on the face of the State.
“.....”
However, since the defendant was at least 200 million won of personal debt, even if he was paid the purchase price from the injured party, he was thought to pay his personal debt or use it as operating funds, and he did not have the intent or ability to purchase the victim.
The Defendant deceiving the victim as above, and acquired KRW 3,00,000 from the account under the name of the Defendant for the same day as the down payment from the victim, and acquired KRW 32,379,945 in total by remitting KRW 35,379,945 to the account under the name of the Defendant for the balance on July 29, 2017.
2. Around July 31, 2017, the Defendant, while selling a small campingr owned by the victim D in the above C around July 31, 2017, agreed with the victim to use the amount of KRW 17 million sales proceeds of a small campingr as an import agent for the said body while the Defendant kept a small campingr in custody.
The Defendant sold a small campingr owned by the victim on the same day to E, and transferred the sales proceeds from E to the account in the name of the Defendant, and embezzled by using the money for personal use around that time while keeping for the victim the sales proceeds of KRW 17 million owned by the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspect with respect to F;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to a vehicle import agent contract, seal stamp, remittance receipt, copy of a motor vehicle registration certificate, certificate of transfer of a motor vehicle, stenographic records, and details of transactions of entry and departure;
1. Criminal facts;