Defendant shall be punished by imprisonment for not less than two years and six months.

Of the facts charged in the instant case, the fraud against the victim C is acquitted.

Punishment of the crime

[2016 Highest 4019]

1. On February 2, 2016, at the E office operated by the Defendant in Daejeon Seo-gu, Daejeon, the Defendant received KRW 13 million from the victim F to the account in the name of C for the purpose of succeeding to the lease obligation upon the request of the victim to find a person who will take over the vehicle together with the lease obligation to avoid penalty for the interim termination of the lease contract with respect to the victim E-Scar (total amount of KRW 60 months, monthly lease fee of KRW 1,151,100), the lease period of which remains for three years from the victim F to the victim F.

On February 3, 2016, the Defendant agreed to deliver the leased debt and the vehicle to G on condition that he would pay the lease fee of eight months or more to G, and used the replacement cost and the lease fee of two months or more. At that time, the Defendant used the remainder of six months (=1,151,100 won x six months) for the purpose of construction cost of the Defendant.

As a result, the Defendant embezzled the victim F's KRW 6,906,60, while keeping the victim F's KRW 13 million.

2. In cases of fraudulent victims G related to vehicle succession, as set forth in paragraph (1), the passenger car at benz is transferred to another passenger car and has been operated previously.

SM5 Passenger Car(Y5 Car) was intended to succeed to a third party, but it was difficult to succeed to a third party due to lack of occupation.

In this regard, the Defendant stated that “The Defendant would make conditions to register the branch of KRW 3 million as an employee of his company and succeed to the vehicle by creating as if he paid the benefits to the victim” at the above office around February 16, 2016.

However, the fact, even if the victim received money from the victim, only attempted to use the insufficient construction cost and did not have the intention or ability to create documents necessary for the succession to the siren.

Nevertheless, the defendant deceivings the victim as above and acquired 3 million won through the Agricultural Cooperative Account (Account Number H) in the name of E from the victim.

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