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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
"2016 Highest 698"
1. On July 2014, the Defendant embezzled the said car to H by arbitrarily disposing of the said car to H around March 2015, when the victim D was entrusted with a sale of a new framework car at a price equivalent to approximately KRW 8 million in the market price owned by the victim, and the said car was stored in “G” located in “G” located in both Pyeongtaek-gunF.
2. Around October 28, 2014, the fraud Defendant made a false statement to the victim H stating, “The Defendant would make a high profit by 50% of the profits, because he/she would be able to make an investment because he/she purchased or repaired a heavy vehicle and would not go through the sales market after purchasing or maintaining the heavy vehicle.”
However, in fact, the defendant was thought to use the money that he received from the victim as debt repayment to creditors and money for gambling, and it was sold and sold, and there was no intention or ability to return the proceeds to the victim because it was not sold.
Nevertheless, the Defendant, as seen above, received KRW 6.7 million from the victims up to March 13, 2016, in total 58 times from the victims, as shown in the annexed crime list, from that time, under the name of the Defendant’s deposit account (I) in the name of the Defendant for the purchase of a third party from the victim H, and for the purchase of a third party from the victim H, and received KRW 126,604,00 from the victims.
Around July 8, 2015, the Defendant made a false statement that “The Defendant would be 50% of the proceeds because it would be able to make a high profit because it would have purchased and repaired a heavy vehicle and would not go through a sale on the face of sale.” The Defendant would be 50% of the proceeds. It would be 100,000 won loan.”
However, even if the defendant received money from the victim, he did not have the intention or ability to pay the money to the victim because he thought to use it as personal debt repayment and gambling.
The Defendant above.