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(영문) 인천지방법원 부천지원 2016.07.07 2016고정665

사기등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Where a motor vehicle dealer who has violated the Motor Vehicle Management Act advertises a motor vehicle via the Internet, he/she shall not provide the matters prescribed by Ordinance of the Ministry of Construction and Transportation of the national land, such as the history of motor vehicle and

Around March 2015, the Defendant and B advertised five motor vehicles already cancelled or completely sold on the “E” website, which was known to the Defendants’ operation “D” office at the Han-si, Seocheon-si, Seocheon-si, Seoul, as a false material site, and provided the automobile history, etc. by falsely advertising as if they could be sold.

2. The Defendant and B, at the location described in paragraph 1 around April 20, 2015, would install a sp options, such as cold and hot gas and TV 2 TV, in G, to the victim F who finds a vehicle installed with a spion options, such as the air and hot gas and TV 2 TV, at the location described in paragraph 1.

A false statement was made to the effect that the vehicle price is KRW 40 million.

However, in fact, the Defendants did not have the intent or ability to install a pool option such as the cold and hot water and TV 2 TV on the said vehicle.

The defendant and B obtained 40 million won from the injured person for the same day as the price of the vehicle on the same day and acquired it by fraud.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Records of inspection of performance status of used cars, screen pictures of secondhand cars, false options and additional details, copies of information on history of secondhand accidents, and application of Acts and subordinate statutes on transaction lists;

1. Relevant legal provisions concerning criminal facts, Articles 80 and 7-2 and 58(3) of the former Automobile Management Act (Amended by Act No. 13486, Aug. 11, 2015); Article 30 of the Criminal Act; Articles 347(1) and 30 of the Criminal Act; Articles 347(1) and 30 of the Criminal Act; selection of fines, respectively,

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.