Defendant

A shall be punished by imprisonment for three years.

Defendant

B shall be punished by a fine of 5 million won.

Defendant

B The above fine.

Punishment of the crime

On April 9, 2014, the Defendant was sentenced to one year of imprisonment for embezzlement at the Incheon District Court, and on February 6, 2015, the Incheon District Court sentenced four months of imprisonment for fraud at the Incheon District Court, and on June 30, 2015 of the execution of the sentence in the Incheon Detention House, the parole period was expired on August 8, 2015.

around July 8, 2018, Defendant A made a false statement that “The victim E traded 25 tons of the present vehicle at 86,000,000 won. The down payment of KRW 1,000,000,000,000 on July 11, 2018, and KRW 58,000,000 on July 31, 2018, and immediately succeeds to the 22,000,000 won of the car set up on the vehicle.”

However, even if the Defendant purchased the said scraper from the victim, the Defendant did not have the intent or ability to pay the purchase price, and was thought to sell the said scraper to a third party and use the price for living expenses, etc.

As above, the Defendant, by deceiving the victim as above, was transferred the victim from the victim as of the same day, and was succeeded to KRW 6 million by paying KRW 6 million, and succeeded to KRW 22 million, and did not pay the remainder of the purchase price, and did not acquire property benefits equivalent to KRW 58 million.

The defendant A 1,100,00 won in total, including additional tax 2.1 million won, transfer cost 1.5 million won, insurance premium 2.5 million won, and 2.1 million won, after he/she received from the victim, from the victim of the damage the sum of the 6.1 million won in addition to the 2.1 million won, and the 1,678,740 won in the transfer cost and insurance premium around May 24, 2018; and the 1,678,740 won in the expenses and insurance premium around May 18, 2018.

7.3. Around July 2018, an additional duty of KRW 1 million, while keeping 3,421,260 in custody for the victim, the said money was not returned to the victim but voluntarily consumed for personal purposes.

Accordingly, the defendant embezzled the victim's property.

"2019 Highest 216"- Defendant A.