A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The defendant is the B representative director of the special-class manufacturing company.

The defendant was required to use the money received from the victim first for the manufacture of the vehicle by the customer who ordered the money because the management status of the company is not good, and since the victim was in a situation where the customer could have manufactured and delivered the vehicle only if he did not know about the payment of the money after the order, there was no intention or ability to manufacture and deliver the vehicle within the agreed date even if he received the money from the victim.

1. Around April 27, 2018, the Defendant, at the “P farm” office located in the YO in the Macheon-si Office, concluded that “If the Defendant sent the present new-frequency truck vehicle, he/she will install a tank for the transportation of feed within two weeks to provide the victim N with the tank.” On the other hand, the Defendant made a false statement stating that “The supply price is KRW 5 million and the sales number plate is KRW 10 million.”

The Defendant, by deceiving the victim as above, received KRW 5 million from the victim under the name of Q Cooperative (Serial) account around April 27, 2018 as the vehicle price, and received KRW 50 million from the above Q Cooperative account around August 2, 2018, respectively. On or around May 4, 2018, the Defendant transferred KRW 10 million to the Defendant’s S Cooperative account (T number) account under the name of the Defendant (T number) as the expenses for purchasing the number plate for business use.

Accordingly, the defendant was given a total of KRW 65 million by deceiving the victim.

2. Around June 14, 2018, the injured U U issued a false statement that “The injured U purchases a vehicle of KRW 119 million in consideration of the price for KRW 8.5 tons to the injured U, and installs a tank roll for the transportation of feed, and supplies it until September 15, 2018.”

As above, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim as the vehicle price for the vehicle from QFF account in B around June 15, 2018, and KRW 56 million from the said QFF account around August 14, 2018, respectively.

Accordingly, the defendant was given a total of KRW 86 million by deceiving the victim.

Summary of Evidence

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