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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
On November 27, 2014, the Defendant was sentenced to ten months of imprisonment for fraud at the Incheon District Court, which became final and conclusive on February 13, 2015.
On November 12, 2014, the Defendant, “2014 Highest 9307, the Defendant, who was working as an auto driver, had the husband of the victim C, sold the E-learning car to D, who was the husband of the victim C, with the intent to receive money from the victim and pay the existing debt.
On November 18, 2014, the Defendant sent a phone call to the victim at a car G agency located in Yangcheon-gu Seoul Metropolitan Government, and then sent KRW 8,300,000 to the purchase price for automobiles first, the Defendant would make up to KRW 200,000,000 including all the expenses such as working and registration tax. The Defendant made a false statement to the effect that the company should pay the card, and that the husband’s card number is changed.”
However, in fact, the defendant thought that he would pay the passenger car sales price with the above D credit card, and the cash received from the victim was considered to be appropriated for the repayment of his personal debt.
Around November 19, 2014, the Defendant received KRW 8,300,000 from the victim to a bank account (I) in the H’s name, a de facto spouse of the Defendant’s de facto marriage, as the purchase price for automobiles.
Accordingly, the defendant was given property by deceiving the victim.
around November 19, 2014, the Defendant: (a) sold the said vehicle to a senior buyer on the parking lot in Yangcheon-gu Seoul, Yangcheon-gu, Seoul; (b) sold the said vehicle on November 26, 2014; and (c) received KRW 6,00,000,000 as sales proceeds, while being entrusted with the sale of the MP3 vehicle owned by the victim L from the victim L at the “K” parking lot in Seo-gu, Incheon, Seo-gu., Incheon.
As above, the Defendant, while holding 6,00,000 won for selling the victim’s vehicle, embezzled at his own discretion.
Summary of Evidence
"2014 Highest 9307"
1. Statement of the accused in the first protocol of trial;
1. Statement to C by the police;
1. The receipt for public use (transfer certificate);