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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
【2016 Highest 3028】 The Defendant was a member of the Diplomatic Agency in Ulsan-gu C.
1. On December 3, 2013, the Defendant committed the crime against the victim E, at the office of the victim E located in Ulsan-gu, Ulsan-gu, Seoul-si, that “The victim sent the proceeds therefrom to the victim by December 2, 2013.” The Defendant was transferred KRW 15,000,000, including the sum of KRW 15,000,000 as an intermediate payment, for the purpose of an intermediate payment around December 3, 2013, from the victim’s account under the name of the Defendant (G).
However, at the time, the Defendant instructed the excessive obligation, so even if receiving a purchase price for a passenger car from the victim, it was thought that it would be used for paying the individual obligation, and there was no think that it would be used as a purchase price for a passenger car.
Ultimately, the Defendant was transferred the total of KRW 15,000,000 by deceiving the victim E.
2. Crimes against victims H;
A. On January 27, 2014, the Defendant entered into a sales contract with the victim H and K5 automobiles at the aforementioned D agency on or around January 27, 2014, and concluded a sales contract with the victim H and the said D agency, the Defendant would make a deposit of KRW 7,500,000,000 to lower the interest on the installment payment, and then deliver the vehicle to the victim. The Defendant was transferred KRW 2,50,000,000, which is part of the purchase price for the vehicle, from the victim’s account (I) in the name of the Defendant.
However, as stated in Paragraph 1, even if the defendant received a purchase price for a passenger car from the victim, he was thought to use the purchase price for his own debt, and there was no idea to use it as a purchase price for a passenger car.
Ultimately, the Defendant was transferred KRW 2,500,000 by deceiving the victim H.
B. Around February 1, 2014, the Defendant was aware that the Defendant, around February 1, 2014, intended to sell a vehicle operated by the victim H at the said D agency to the Plaintiff for the sale of the vehicle.