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A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who works as the manager of "D", a vehicle maintenance business in Seo-gu Incheon Metropolitan City.
On August 22, 2017, the Defendant agreed to sell KRW 33,00,000 of the purchase price to the victim F while purchasing, completing repair, and selling to a third party, the instant vehicle, which is a vehicle involved in an accident, to the victim F, on August 22, 2017. On the 25th of the same month, the Defendant received full payment of the purchase price of KRW 33,00,000 from the owner of the vehicle, and transferred the said vehicle registration certificate and the certificate of seal impression for sale, which was received, to the victim, and the said vehicle was delivered to the victim upon completion of the repair of the vehicle.
If the Defendant had to sell the said vehicle to another person at the 42 million won of the above vehicle to the victim in the above rearrangement project site on September 2017, 2017, and had to transfer the certificate of registration of the said vehicle, then the Defendant would immediately pay not only KRW 33 million, but also KRW 35 million of the vehicle paid by the damaged person upon receiving the sales payment from the buyer.
In fact, on September 26, 2017, the said vehicle transferred its ownership as a substitute repayment to G, a creditor of the said vehicle, by receiving again the registration certificate of the said vehicle sold from the injured party.
However, at the time, the Defendant was in a situation where he was a bad credit holder due to a debt of 50 million won or more, and the status of operation of the said maintenance station that he had been under his management was not observed, and was scheduled to transfer the said vehicle to his creditor in lieu of payment. Therefore, the Defendant did not have any intention or ability to return the said vehicle as agreed above, including the purchase price of 33 million won paid to the victim and the additional revenue of 2 million won.
Accordingly, the defendant deceivings the victim and 33 million won.