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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
From December 2, 2013 to July 2014, the Defendant: (a) had been in charge of the work, such as consultation on, and preparation of a written contract at the vehicle rental contract broker in the name of “E,” which is operated by D located in the Guri City B building C; (b) had attempted to receive and receive the down payment of the vehicle lease contract by receiving the vehicle lease deposit from the buyer on the grounds that it is difficult for the Defendant to cover the liability of KRW 150-2 million per month for hospitalization expenses in the convalescent hospital; (c) expenses incurred in operating the vehicle goods business; and (d) KRW 3-40 million incurred in operating the vehicle goods business.
1. Fraud;
A. On April 2014, the Defendant sent a phone call to the victim I who operates a company selling used vehicles in the middle and high-speed vehicles in the G G building H in Gwangju City, Gwangju, the Defendant sent the phone to the victim by putting the phone on the phone, stating, “The sales price is the month before the advance payment for the vehicle is made, which is on board the leased vehicle.” The Defendant sent a mobile phone to the victim by putting any unrelated vehicle photograph from the underground parking lot of the building in which the said E office is located.
However, in fact, the defendant received money from the victim and thought that he will use it for personal debt repayment, entertainment expenses, funeral care expenses, living expenses, etc., and did not have the intention or ability to sell used vehicles.
The Defendant, as such, deceiving the victim and deceiving him from the victim, was 3,000,000 won as the price for new learning vehicles on April 7, 2014, and the same year.
4. 16. The franchises: 5,140,000 won as the price for the motor vehicles;
4. 17. Price for vehicles 5 SM5. 6,483,000 won, and the same year;
4. 21. 21. 7,648,000 won under the pretext of the purchase price for a premium, the same year;
4. 25. 25. The sum of KRW 6,176,00,00 in 28,447,00 was remitted to a post office bank account under the name of the Defendant and acquired by fraud.
B. On June 20, 2014, the Defendant “L” operated by the Victim K on the first floor of the Gangnam-gu Seoul Gangnam-gu J building.