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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On April 25, 2013, the Defendant was sentenced to eight months of imprisonment for fraud in the Daegu District Court's gender support, and completed the execution of the sentence in the Daegu Detention House on September 9, 2013.
1. On May 8, 2014, the Defendant: (a) made a false statement to the victim D at the first floor parking lot in Seocho-gu Seoul, Seocho-gu, Seoul, stating that “The Defendant would sell an ASEAN car owned by the victim at a high price equivalent to KRW 25 million.”
However, even if the above vehicle is delivered from the victim, the vehicle did not have the intention or ability to pay the purchase price by selling the vehicle, and was intended to use the defendant's debt repayment and living expenses.
Accordingly, the defendant deceivings the victim and received the car from the victim, that is,, the car from the victim.
2. On May 9, 2014, the Defendant made a false statement that “The Defendant would sell the FMW passenger car owned by the victim at a high price equivalent to KRW 23 million” to the victim D at the place indicated in paragraph (1) at the place indicated in paragraph (1).
However, even if the above vehicle is delivered from the victim, the vehicle did not have the intention or ability to pay the purchase price by selling the vehicle, and was intended to use the defendant's debt repayment and living expenses.
Accordingly, the defendant deceivings the victim and received the above BMW car from the victim, namely, the victim.
3. The Defendant’s fraud of the funds to purchase the NAS car is exempt from the payment of the contract for delivery of the vehicle, first of all, since the NAS car has a large number of times for purchasing the vehicle at the place specified in paragraph (1) to the victim D in May 2014, at the place specified in paragraph (1) of this Article.
6. By public auction until 17.17. It is intended to purchase at least 35% of the market price.
The term "the expression was false."
However, there was no intention or ability to purchase the NAS car even if the victim received the funds for purchasing the NAS car from the victim.
Accordingly, the defendant deceivings the victim and belongs to it.