Korean nat'l convicted for selling "hot car"
CEBU, Philippines - A Korean national was convicted of estafa and sentenced to four years imprisonment for selling a stolen Mercedes Benz to a fellow Korean.
Regional Trial Court (RTC) Judge Gilbert Moises of Branch 18 convicted Korean National Kim Se Wong for estafa by means of false pretenses after claiming that he was the owner of the Mercedes Benz sports car and sold it to the complainant Kim Wang Seok in the amount of P1.5 million.
Seok later learned that the vehicle he bought was a stolen car.
Moises sentenced Wong to a penalty of four years and two months to 20 years imprisonment.
He was also meted damages in the amount of P1,500,000.
In a five-page judgment penned by Moises, he pointed out that the prosecution was able to prove the guilt of the accused by presenting testimonial and documentary evidence.
“After a judicious evaluation of the evidence, the court is convinced that the prosecution was able to overcome the presumption of innocence and proved the guilt of the accused beyond reasonable doubt,” judgment reads.
The prosecution presented Seok, 53, owner of a car repair shop and residing at City Lights Condominium, Lahug, Cebu City.
Seok said Wong approached him on October 25, 2007 to sell his car for P1.5 million.
He said he bought the car after checking the engine number and the “chassis number with the LTO” and found no problem.
Seok said that although the Original Receipt (OR) and the Certificate of Registration (CR) of the vehicle were in the name of Ericka Hidalgo, the accused showed a Deed of Sale saying he bought the car from Hidalgo.
While in the possession of Seok, elements of the Traffic Management Group (TMG) seized the sports case and told him it was a stolen vehicle.
Seok said he tried to contact the accused but failed, prompting him to file a complaint before the National Bureau of Investigation (NBI)-7.
It was the NBI who arrested the accused.
Moises said the accused did not care to present any evidence and did not show interest to defend himself.
Wong was able to post bail in the amount of P20,000 instead of P40,000 after filing a motion for reduction of bail.
Wong pleaded not guilty upon arraignment last July 29, 2009.
The case was submitted for resolution after several postponements of scheduled hearings and after Wong’s failure to submit controverting evidence.
“The evasive attitude of the accused, his continued refusal to honor his commitments to the court and his transfer to an unknown address gives the impressions that he is running away from his legal responsibilities.” - (THE FREEMAN)
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