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A defendant shall be punished by imprisonment for two years.
The defendant shall pay 8,100,000 won to B who is an applicant for compensation.
3.2
Reasons
Punishment of the crime
On June 22, 2017, the Defendant, “2017 Highest 9327,” concluded a high-class sales contract with the victim E on June 22, 2017, in Seo-gu Incheon, Seo-gu, Incheon, and received 11.6 million won from the victim to the company bank account (F) under the name of the Defendant on the same day after the contract was terminated due to the installment of the said vehicle, and received a request from the victim for the return of the said down payment, the Defendant voluntarily used the said money and embezzled the said money
"2017 Highest 9638"
1. Around May 2017, the Defendant: (a) recommended the victim, who reported and contacted the medium and high-speed trading advertisement via the Internet H site, to send the vehicle pictures through the cell phone; (b) recommended the victim to open the vehicle; and (c) remitted part of the vehicle price to an enterprise bank account under the name of the Defendant.
On June 13, 2017, the Defendant continuously recommended the victim to purchase as a better vehicle by displaying the victim's shot car different from the photo in a non-motor vehicle trading complex in Bupyeong-si (hereinafter referred to as Bupyeong-si) around 13, 2017, and made the purchase as if he/she sold the said franchise vehicle, and received a total of KRW 9.4 million as the vehicle price in the name of the Defendant to the corporate bank account in the name of the Defendant.
Then, the defendant made a false statement that the victim is a vehicle in the process of public sale, and the installment payment remains too much, and the victim demands to withdraw the contract, so it is possible to pay 9.4 million won to the victim more than once."
However, in fact, even if the Defendant received the vehicle payment from the victim, he did not have the intent or ability to sell the said franchise vehicle, and since the franchise is not a public auction vehicle, he was the victim even though it was not necessary to pay the vehicle price more than once to cancel, and the money received from the victim is money for gambling.