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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 becomes final and conclusive.
Reasons
Punishment of the crime
[2018 Highest 2812]
1. Around February 12, 2016, the Defendant: (a) prepared a joint business contract with the victim D and E (camping and selling business, such as a scambling, etc.) at the office of the Defendant in Macheon-si, Inc. (hereinafter referred to as “C”); (b) completed one set of a camping test (six scambling camping scams) around May 2016; and (c) decided to deliver it to the victim D by June 15, 2016.
While the Defendant kept one of the above campingcars for victims at the above C plant, on January 2017, the Defendant embezzled the above camping car at his own discretion to sell the said camping car at KRW 50,000,000 to a person who was living in Chungcheongnam-Jin-J in the company of Chungcheongnam, the Defendant embezzled it.
[2018 Highest 4369]
2. On June 2, 2016, at the “I” Do and retail store operated by the victim H in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. Around January 13, 2016, the Defendant made a false statement, stating, “A person who has changed camping one time, and there is no sample camping that he/she has now been a party in the past, and there is no sample camping in relation to the J Camping car produced by the Defendant to the victim with KRW 3,850 in return for the production of camping car from the victim around January 13, 2016.”
However, in fact, the defendant thought that he sold the above camping course to another person, and did not have the intention or ability to return the above camping course to the victim.
As above, the Defendant, by deceiving the victim, obtained the above camping course equivalent to KRW 3,850 from the victim, namely, the production price from the seat, and acquired it by deception.
3. The Defendant may install the “L” of the Defendant’s operation of K in Macheon-si around April 2015 on the trucking vehicles (N) owned by the Victim M that the Defendant produced after receiving KRW 23.5 million from the Victim M around April 2014.