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A defendant shall be punished by imprisonment for six months.
The defendant shall pay 24,724,183 won to B who is an applicant for compensation.
3.2
Reasons
Punishment of the crime
[criminal power] On February 14, 2017, the Defendant was sentenced to eight months of imprisonment for fraud, etc. in the Jeju District Court's original branch, and completed the execution of the sentence in the original prison on June 7, 2017. On October 24, 2019, the Defendant was sentenced to one year of imprisonment with prison labor for fraud, etc. in the same court, and the judgment became final and conclusive on November 1, 2019.
【Criminal Facts】
1. Around July 1, 2019, the Defendant, against the victim B, entrusted the Victim B with the sale of DG70 No. 38,500,000 won of a car owned by the Victim B, with the Defendant’s obligation to pay KRW 30 million in installments from the Victim B, and the Defendant sold the said car to E on July 16, 2019, and had the said Party deposit KRW 32,50,000 with the victim.
On July 16, 2019, the Defendant stated that “The vehicle installments shall be repaid to the victim through the business operator’s passbook in the middle and high-end sales. However, if the Defendant sent a set of money to the head of the Tong in the name of the buyer, then the Defendant would make reimbursement on behalf of the buyer in addition to KRW 6 million which was not received from the buyer E.”
However, in fact, the Defendant did not have been eligible for the middle and high-ranking sales, and there was no economic difficulty, such as that he bears an individual obligation equivalent to KRW 9 million without any other income, and thus, even if he received money from the victim, he did not have the intent or ability to pay the installments of the victim instead of paying the installments of the vehicle.
Around July 16, 2019, the Defendant, by deceiving the victim as above, received KRW 24,724,183 from the victim’s account under the name of the Defendant (I).
Accordingly, the defendant was given property by deceiving the victim.
2. On July 14, 2019, the Defendant, against the victim E, posted a notice to sell the said DG70 Nos. 870 on the Round, and used it to the victim E who reported and contacted.