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A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above sentence shall be suspended for a period of four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【The Defendant, from April 1, 2004 to November 201, 2010, was a person who operated the two-use automobile D office in Dongjak-gu Seoul Metropolitan Government, and had accumulated operating expenses, such as personnel expenses, rents, etc. of the said place of business in around 2010. In order to avoid the operation of the enemy and to enhance the sales performance, if the purchase order of the vehicle enters from the customer, it was caused by the sales of the vehicle at an amount below the cost or cost without any profits without paying any profits, to settle the purchase price of the vehicle paid by the customer who entered into the contract at the latest. The delivery of the vehicle was uncertain, and it was not possible to deliver the vehicle normally to the customer who already paid the purchase price of the vehicle.
[2017 Highest 1687]
1. On June 30, 2010, the Defendant made a false statement to the victim E and F that “First, the Defendant would have deposited the vehicle price to the victim E and F, and deliver the price at a discounted price for the first time by consultation with the head office on the prime page.”
However, even if the victims received the purchase price of the last vehicle from the victims, the purchase price was not paid to the said victims as the price for the second vehicle, and was used as the purchase price for the vehicle of the customer who first paid the purchase price for the vehicle, or as the operation cost of the said business.
Nevertheless, if the defendant did not notify the victims of such fact and received the payment from the victims, he deceivings the victims as if they would normally release the last vehicle from the two-way automatic vehicles Co., Ltd., and deceivings them, it shall be KRW 45,00,000 on the same day from the victims to the national bank account (G) in the name of the defendant in the name of the victims for the purchase price of the said vehicle, KRW 30,000,000 on July 8, 2010, and KRW 80,000,000 on July 13, 2010, and KRW 165,000 on the aggregate of KRW 10,00,000 on July 21, 2010.