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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant: (a) induceds a customer through sales; (b) notified the customer of the amount of money substantially unrefilled compared to the actual purchase price of the vehicle for the purpose of the equipment; and (c) led the customer to pay the difference.
On February 27, 2018, the Defendant reported on the Internet-based commercial site advertisement to sell the Poter Cargo Vehicles with a new level of 10 million won or less in Seo-gu Incheon, Seo-gu, Incheon around February 27, 2018, and found the Internet-based commercial site advertisement to the victim C, who displayed the Poter Cargo Vehicles and did not require the victim to transfer the defective vehicle to purchase it, but the Defendant requires the victim to deliver the vehicle.
“A false statement made to the effect that it was “ and received KRW 1,450,000 from the person who believed it in cash for the purpose of delivery.”
Then, the defendant is the victim of the victim's own account that "the value of the Poter cargo is KRW 30 million."
“Along with the victim’s waiver of the purchase, the victim showed sports vehicles with the odometer of 141,174 km for the victim in 2014, and said price was KRW 24 million.
However, in fact, the defendant did not have the intent or ability to sell the Poter cargo vehicle below KRW 10 million, and the above Moco sports vehicle was about KRW 24.29 million in the new car price. Since the defendant purchased the above Moco sports vehicle at KRW 10.55 million in the purchase price, the difference between the vehicle price presented by the defendant and the above 10.55 million in the vehicle price was the plan for the defendant to acquire the above 10.55 million in the sales intermediary fee.
Nevertheless, the Defendant: (a) received 24 million won as the price for sports vehicles from E, who had the victim deceiving the victim as above and had the victim do so to the corporate bank account in the name of the Defendant on the same day; and (b) received 1 million won as the additional transfer expense in cash from E, for which the victim applied for the loan.
Accordingly, the defendant deceivings the victim, and 2,645 million won in total.