A defendant shall be punished by imprisonment for a term of one year and four months.

The defendant pays 8 million won to C who is an applicant for compensation.

Punishment of the crime

"2019 Highest 629"

1. On July 13, 2017, the defrauded Defendant made a false statement to the victim B, “AD A7 vehicle, which is having the intention to work in the Gu and which person has been revoked, is going on. The vehicle may immediately be left on the part of the document. The amount is KRW 32.5 million.”

However, the Defendant did not have any intention or ability to deliver a vehicle as promised to the victim because he did not prepare a vehicle for Adidy A7 and received money from the victim.

On July 13, 2018, the Defendant received KRW 12.5 million from the victim via a bank account in the name of D bank (F) designated by the Defendant as a down payment.

Accordingly, the defendant was given property by deceiving the victim.

2. On July 16, 2018, with a view to deceiving B as described in paragraph (1), and preparing an additional gambling fund, the Defendant: (a) asked B to whether there is another person who would purchase a heavy vehicle with B; and (b) sent B to the Defendant via B, “benz SUV vehicles may be purchased at KRW 60 million and may be received within two months” on July 2018.

However, in fact, the defendant did not prepare benz SUV vehicles and thought to use money from the victim as gambling funds, and there was no intention or ability to deliver the vehicle as promised to the victim.

On July 16, 2018, the Defendant received KRW 20 million from the victim via a bank account (F) in the name of the Defendant designated as the down payment.

Accordingly, the defendant was given property by deceiving the victim.

3. On July 27, 2018, the Defendant, as described in paragraph (2), by deceiving B as described in paragraph (2) and then, on July 2018, the Defendant initially entered into a contract for SUV with C in the middle of SUV with the intent to receive the remainder of KRW 40 million on the vehicle delivery date.