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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
"2019 Highest 658"
1. On July 2017, the Defendant operated the “C” in Busan Shipping Daegu B, and then sold the said car to the Victim D with the “SMW car which was damaged and sold after repairing it.” Once sold, the Defendant 30 million won of the purchase price of the said car would be paid after repairing it. The Defendant received KRW 30 million from the victim and sold the destroyed BMW car, and paid the victim the profit equivalent to KRW 3 million of the purchase price.
On October 1, 2017, the Defendant stated that “F office located in Busan Shipping Daegu,” the Defendant would bring a lot of profits from the purchase and repair of a vehicle to the said victim after purchasing a vehicle from the vehicle with the damaged U.S. P. 8 S. A.R. and then repairing it. There is no cost for the purchase and repair of the vehicle. A vehicle would be purchased and repaired until the payment for the purchase and repair of the vehicle was made at the end of February 2018.”
However, even if the defendant received money from the victim, he thought that it will be used for personal purposes such as office operating funds and living expenses, and he did not have the intent or ability to pay the principal and the profits to the victim by selling it after purchasing and receiving it as agreed.
Ultimately, the Defendant, by deceiving the victim as above, received KRW 25 million from the Busan Bank account (H) in the name of G on October 30, 2017 as the purchase price and repair price of a vehicle with a middle and high-speed from the victim, and obtained KRW 50 million in total from the Busan Bank account (I) on the same day, and acquired it by defrauding KRW 75 million in total.
"2019 Highest 1112"
2. The Defendant is a person who is engaged in automobile repair and management while operating a maintenance plant under the trade name of “C” in Busan High Court of Shipping Daegu.
Defendant around September 28, 2018, at the above “C” factory around September 28, 2018, the market price of the victim K is 95 million.