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

Punishment of the crime

"2015 Highest 719"

1. On December 12, 2013, the Defendant, as a part of the sea with a private person C belonging to a private person, sells “G SP vehicle to 13.2 million won” to the victim at the F plant of the victim E operation in Daegu-gu, Daegu-gu, Seoul-do.

On December 19, 2013, the remainder of 10 million won paid down payment, and the remainder of 3.2 million won was false.

However, the defendant thought that the above vehicle should be transferred to another person in the name of another person on the following day and then the mortgage is created and loaned, so even if he receives the down payment from the injured party, he did not have the intention or ability to sell the ice vehicle normally to the injured party.

Nevertheless, the Defendant, by deceiving the victim, received 3.2 million won in the name of the down payment from the injured party to the Daegu Bank account under the name of the Defendant.

2. Embezzlement;

A. On April 6, 2013, the Defendant: (a) transferred the name of the said car under C’s name on May 6, 2013, to C’s name, and received the said car and kept it for the victim.

On August 28, 2013, the Defendant: (a) delivered the said car to K without any doubt with the victim; and (b) made K get K to borrow KRW 12.5 million from Hyundai Capital Co., Ltd. as collateral for the said car; and (c) embezzled one car owned by the victim.

B. The Defendant, around August 9, 2013, tried to repair and sell a LK3 car purchased at the inside of the Republic of Korea from the above victim.

First of all, the phrase "to transfer the name to the new company and keep the same until the repair is completed" is delivered with the request and the documents necessary for the disposal of the said vehicle are delivered, and the victim is transferred to the third representative M on August 14, 2013.