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(영문) 인천지방법원 2016.11.04 2016고정2266

사기등

Text

Defendants shall be punished by each fine of KRW 2,000,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

[Criminal Power] Defendant A was sentenced to a suspended sentence of ten months for a violation of the Punishment of Violences, etc. Act (joint violence) at the Incheon District Court on September 8, 2016 and the said judgment became final and conclusive on September 20, 2016.

【Criminal Facts】

1. On May 1, 2016, the Defendants: (a) reported the Internet-based high-speed advertising site in the Seo-gu Incheon Special Metropolitan City D High-Tech Trading Complex; and (b) made the victims E to show and purchase the Franchising car.

However, even though the Defendants knew that the car was operated as a business siren, they did not inform the victims of this fact.

The Defendants conspired to make the victim enter into a sales contract for the said car and received delivery of KRW 16.5 million for the purchase price.

2. A person who intends to run a motor vehicle management business violating the Motor Vehicle Management Act shall register with the head of a Si/Gun/Gu.

Nevertheless, the Defendants conspired to sell and sell the used vehicle without registration to the competent authorities without being registered, and conducted an unregistered motor vehicle management business without registration as mentioned in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness E;

1. Investigation report (Confirmation of whether the trade partner is a trade partner);

1. Previous convictions in judgment: Results of case search, application of Acts and subordinate statutes;

1. The Defendants: Article 347(1) of the Criminal Act; Article 30 of the Criminal Act; Articles 79 subparag. 13 and 53(1) of the Automobile Management Act; Article 30 of the Criminal Act;

1. Defendant A who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;