A defendant shall be punished by imprisonment for not less than eight months.

The application for compensation order of this case shall be dismissed.

Punishment of the crime

1. Around January 28, 2014, the Defendant was delegated to purchase an auction vehicle from the victim D in the Gyeonggi-si, Gwangju-si, and received 32,823,980 won from the victim as the purchase price for the auction vehicle from the victim to the new bank account in the name of the Defendant.

On the same day, the Defendant purchased 24,096,100 vehicles from the auction from the money received from the damage, and stored 8,727,880 won for the victim after purchasing the remaining 8,727,80 won.

On January 2014, the Defendant used KRW 8,727,880, which was kept for the victim as above, to repay the personal card payment debt of the Defendant without returning it to the victim.

Accordingly, the defendant embezzled the victim's property.

2. Fraud;

A. On February 2, 2014, the Defendant made a false statement to the victim D that “on the last day of the lending of money by disposing of the benz C220(J) vehicle owned by thep, which is urgently necessary due to personal circumstances, at the first office in the operation of the 5th H of the Seo-gu Seo-gu G Building, Seogu, Seogu.”

However, in fact, the Defendant sold a heavy vehicle to a middle and high-ranking customer without notifying the fact that there is a loan established on the vehicle and received a demand from the customer to pay the heavy loan, and it was necessary to pay money in order to solve this problem. Since at the time, the Defendant was liable for financial rights equivalent to KRW 100 million without any particular property or income and for credit card payment amounting to KRW 20 million, there was no intention or ability to pay it even if the Defendant borrowed money from the victim.

The Defendant, as such, by deceiving the victim, received from the victim a vehicle benc 220 (J) that is equivalent to 26 million won at the market price, which is owned by the victim, under the pretext of borrowing money.

Accordingly, the defendant was given property by deceiving the victim.

B. Around February 18, 2014, the Defendant was the victim at the I Office described in the foregoing paragraph (a).