beta
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
The Defendant shall pay C, an applicant for compensation, KRW 65,00,000.
3.2
Reasons
Punishment of the crime
The Defendant is a person engaged in the trading of used cars with the trade name “G” in the F Motor Vehicle Trading Complex in Busan-gu E.
[2014 Highest 7840]
1. On May 28, 2014, around 10:30 on May 28, 2014, the Defendant told the victim C to the effect that “The victim would sell the I-business private taxi owned by the victim at KRW 75 million and immediately pay the down payment amount of KRW 10 million until June 30, 2014.”
However, the fact is that there is little property of the defendant at the time, on the other hand, the obligation is up to KRW 120 million, including the vehicle cost not paid to the person liable for personal debt and other transaction parties, so there was no intention or ability to pay the full payment even if the defendant purchased the taxi from the victim.
The Defendant, by deceiving the victim, paid down payment of KRW 10 million to the victim on the same day, and received a taxi equivalent to KRW 75 million from the victim, and acquired pecuniary benefits equivalent to KRW 65 million from the victim.
2. Around July 3, 2014, the Defendant against the victim J expressed to the effect that “A person who seeks to sell a taxi in the amount of KRW 80 million to the victim by leaving the phone to the victim J, who operates the K Motor Vehicle Trading Company.” The Defendant sent down down payment of KRW 30 million first to the victim to sell a taxi.”
However, at the time, the defendant did not have a taxi to sell, and even if he received down payment from the victim, he did not have the intention or ability to sell the taxi to the victim because there were many debts as stated in paragraph (1) as personal debt repayment, etc.
The Defendant, by deceiving the victim as such, received 30 million won from the victim to the Busan Bank account (L) in the name of the Defendant as the down payment on the same day.
[2014 Highest 8469] Defendant N. M. around March 10, 2014.