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A defendant shall be punished by imprisonment for a term of one year and ten months.
Reasons
Punishment of the crime
"2018 Highest 2198"
1. On January 2018, the Defendant made a false statement to the victim B in Geumcheon-gu Seoul Metropolitan Government Geumcheon-gu, stating that “The Defendant would sell a vehicle that goes on and off (C and MINI Cooper D Clbrumn) with KRW 32.5 million and later exceed the vehicle.”
However, in fact, the Defendant had the intent to use the sales proceeds from the above vehicle received from the victim for repayment of personal debt, and there was no intention or ability to pay 32.5 million won of the sales proceeds promised even if he received an automobile as above from the victim.
Nevertheless, the Defendant: (a) by deceiving the victim and deceiving the victim; and (b) by around February 10, 2018, received the foregoing car from the victim near the department store where it is impossible to identify the trade name located in Seoul D.
Accordingly, the defendant was given property by deceiving the victim.
"2018 Highest 2586"
2. The Defendant is a used car dealer.
On January 2018, the Defendant made a false statement to the Victim E, stating, “The Defendant: (a) was able to receive money while working as a heavy and confruter; (b) purchased a heavy vehicle in Korea and export it to a foreign country; (c) however, the Defendant made an investment short of the purchase cost for the heavy and high-ranking vehicle, and (d) returned the profits in excess of the principal amount into lurh and return the profits to lurn.”
However, even if the Defendant received the investment money from the victim, the Defendant intended to use it for the repayment of personal debt and for the payment of profits to other investors. Accordingly, the Defendant did not have the intent or ability to receive the investment money from the victim and sell it and pay the profits to the victim.
Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 5,00,000 from the victim to the company bank account (Account Number:F) under the name of the Defendant’s name on January 19, 2018, and also received KRW 5,00,00 from the victim from the date and time to March 2, 2018.