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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2017 Highest 1165]
1. On November 10, 2016, the Defendant sent to the Dispute Resolution D office operated by himself/herself on November 10, 2016, and sent the victim E mobile phone pictures for riding S350, with “2,50 million won in Jeju, he/she would receive and deliver them until December 2016.”
“False speech” was made.
However, the defendant was unable to pay monthly rent due to the business difficulties operated by the company, and even if he received money from the injured party, he did not have any intent or ability to deliver the car by accepting the passenger car such as benz S350, which was sent to the injured party.
The Defendant received 25 million won from the injured party to the Defendant’s account (National Bank: F) under the pretext of the delivery of the vehicle on the same day.
2. On November 28, 2016, the Defendant sent the victim’s cell phone pictures at the said office of the Dispute Resolution Co., Ltd., and sent the victim’s cell phone pictures to “135 million won to the victim’s cell phone,” and accepted the 135 million won car at the beginning of December 2016 and delivered them.
“False speech” was made.
However, the defendant was unable to pay monthly rent due to the business difficulties operated by the company, and even if he received money from the injured party, he did not have any intention or ability to deliver the car by accepting the car such as the photograph sent to the injured party.
The defendant was transferred from the damaged person to the account of the above defendant in the name of the delivery of the vehicle on the same day.
[2017 Highest 1488] On November 27, 2016, the Defendant sent KRW 13 million to the Victim G by telephone from the French site to the victim G.
different. The phrase “....”
However, even if the defendant receives money from the injured party, he did not have the intention or ability to deliver the said vehicle.