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A defendant shall be punished by imprisonment for two years.
The defendant shall pay 9 million won to H who is an applicant for compensation by deceit.
3.2
Reasons
Punishment of the crime
[2013 Height55]
1. On August 7, 2012, the Defendant received delivery of the said cargo vehicle from the victim G upon the victim G’s request from the victim G to sell the J cargo vehicle in the cargo vehicle registry located in the I at Silung-si I.
Around August 8, 2012, the Defendant sold the foregoing cargo vehicle to the K Trading Company, and received a transfer of the purchase price of KRW 28,472,484 to the Japanese bank account (L) in the name of the Defendant and embezzled the said money for the victim. At that time, the Defendant embezzled the said money for personal use, such as the repayment of debt, from the Gambunwon of the Gyeonggi Games.
2. On November 8, 2012, the Defendant made a false statement to the victim M that “The Defendant would purchase a car number plate for business use of KRW 10,200,000 on a prime page” at the O office located in the Jung-gu Seoul N, Jung-gu, Seoul.
However, the Defendant had no intention or ability to purchase a car number plate even if the Defendant received money from the victim because the Defendant had been able to use it for personal repayment even if he received money from the victim.
On November 9, 2012, the Defendant, by deceiving the victim as above, received 10,200,000 won from the said Japanese bank account from the victim and fraudulently acquired it.
3. On December 14, 2012, the Defendant made a false statement to the victim H that “The Defendant would purchase the car number plate for business use of KRW 10,000,000 on the face of a week” to the victim H.
However, the Defendant had no intention or ability to purchase a car number plate even if the Defendant received money from the victim because the Defendant had been able to use it for personal repayment even if he received money from the victim.
As above, the Defendant, by deceiving the victim, received 10,000,000 won from the victim to the third bank account on the same day.
4. The Defendant’s embezzlement against the Victim P is located in the parking lot of the Sungnam-gu Q building in Seongbuk-gu, Sungnam-si on January 5, 2013.