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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. The Defendant is a person who was sentenced to six months of imprisonment for fraud at the Seoul East Eastern District Court on July 15, 2009 and completed the execution of the above punishment on January 29, 201.
2. Criminal facts;
A. The Defendant heard from AH, known to the general public, that there was a person wishing to purchase an external used vehicle from AH, and had the intent to intermediate the sale and purchase by pretending the passenger vehicle, the title of which is impossible to be transferred, to be a normal vehicle.
Around October 2011, the Defendant provided AH with “AH seeking KRW 3.5 vehicle, the vehicle price is KRW 19 million, and the down payment is KRW 10 million and KRW 18 million,000,000,000,000,000,000 in the face of transfer,” and around that time, AH, who was unaware of the aforementioned circumstances, transferred the victim’s AI (48 years of age) the horses to the same purport. From around October 201, 201, the Defendant received from the said victim a total of KRW 19,00,000 from the AJ account under the name of AJ, and from November 11, 201, 202, the Defendant acquired the vehicle price by receiving KRW 18,00,000 from the new bank account under the name of AK each time as the vehicle price.
B. In fact, the Defendant was urged to return the vehicle rent from the victim under the preceding paragraph even though it was impossible for the Defendant to transfer the vehicle rent because the vehicle was leased from the siren company, and the Defendant was in the process of driving the vehicle as if the Defendant had the authority to dispose of the siren vehicle, and was willing to acquire the money additionally from the said victim.
Around May 2012, the Defendant sent AH a false statement to the effect that “AH is a string body type with sirens, which can be transferred to another person for ten months, and the vehicle price is KRW 44 million per month, KRW 25 million per month, and KRW 2.5 million per month, and the remainder of KRW 12 million, out of KRW 19 million, shall be replaced by the vehicle price not returned, and shall be sent to the other 7 million.” AH who did not know of the above circumstances around that time.