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(영문) 수원지방법원 성남지원 2017.06.20 2017고정136

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 21, 2015, the Defendant sold at the Internet C website “I Doro Q52.0 TDI Ecuador 8 RR vehicles (D) at KRW 31.8 million.

Whether an accident occurs or not shall be limited to simple boards, fences of driver's seat, and the degree of spread.

The sales text " shall be published in the Internet E site on July 23, 2015, and shall be sold in KRW 34,90,000 on the Internet E site "Au Q52.0 TPP (D).

I have the honor to accidentless vehicles.

The sales text was inserted in “..........”

However, the above vehicle had an accident equivalent to KRW 19,487,600 of the repair cost around July 15, 2012, and the Defendant also became aware of the accident history before and after the acquisition of the above vehicle on May 19, 2014.

Nevertheless, the defendant did not notify the victim F of the records of the above accident to the victim F who reported and contacted the above sale, and sold the above vehicle to the victim in the street of the G building in Seongbuk-gu, Sungnam-si around September 10, 2015.

The above vehicle is an accidentless vehicle.

The phrase “ makes a false statement.”

Around September 10, 2015, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 3 million to the national bank account (H) in the name of the Defendant; and (c) received transfer of KRW 26.5 million in total to the same account as the same on September 11, 2015; and (b) received transfer of KRW 29.5 million in total as the same account around September 11, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness F;

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

1. E and C posts;

1. Automobile registration certificate and original register of automobile registration;

1. A report on history of a secondhand accident;

1. Each investigation report (to make telephone communications of the E Staff I, to submit data to the complainants), and records of inspection of performance status of used cars (the victim has purchased a vehicle with the belief of the defendant who is the accidentless vehicle;

The statements are consistently made.

The victim specifically stated the details of the purchase of the instant vehicle and the situation before and after the purchase, and the Defendant posted the instant vehicle on the website.