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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant is a person who operated a motor vehicle maintenance enterprise in the name of “C” in “C” at the time of Pakistan.
1. Fraud;
A. On September 1, 2008, the Defendant: (a) purchased a vehicle with an excellent performance in comparison with the price by selecting the imported external vehicles in circulation in Korea from the victim D (the 56-year-old age), from the “C” to the first policeman on September 2008; and (b) maintained the vehicle in part; and (c) sold it to obtain high profit within the short period.”
However, in fact, even if the defendant receives the vehicle price from the victim, he did not have the intention or ability to pay the proceeds to the victim even if he purchased the vehicle and resells it.
Around December 15, 2008, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 36.8 million from the victim to the account under the name of the National Bank (F) bank account, a motor vehicle transaction account; and (c) sold the said motor vehicle to the person who is not the victim; (b) did not pay the proceeds and the purchase price to the victim; and (c) acquired it by deception
B. Around October 2008, the Defendant stated that “The Defendant would sell the vehicle at KRW 10 million to the victim’s vehicle owned by the legal entity that he/she operates.”
However, even if the above vehicle was sold, there was no intention to pay the price to the victim.
As above, the Defendant, by deceiving the victim, received the above vehicle of the amount of KRW 10 million at the market price from the victim and fraudulently acquired it.
C. Around January 20, 2009, the Defendant told the victim at the office of the victim located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul to the effect that “The Defendant would promptly take a business trip to a company located in the United Kingdom because it can be seen that he/she would benefit from importing parts of an external vehicle in the territory, and that he/she would lend this test equipment upon obtaining a business license for the import agency of parts of an automobile.”
However, in fact, the defendant has taken equipment from the victim.