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(영문) 인천지방법원 2018.09.13 2018고단2499

사기등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant informed the customer of an amount in excess of the actual purchase price of a vehicle as the purchase price of the vehicle for the purpose of an excessive brokerage fee, and does not receive the brokerage fee.

After notification to the customer, the difference was planned to have the difference.

On April 16, 2017, the Defendant arranged for the purchase of FMW vehicle owned by E from the office of the Nam-gu Incheon Metropolitan City C Trading Complex to the victim D, and concluded that the price of the above vehicle is KRW 16.8 million and that there is no commission for sales mediation.

However, in fact, E was to sell the above vehicle to the victim for KRW 8.3 million, and even though the victim paid KRW 16.8 million as the purchase price and KRW 8.5 million as the difference between the actual purchase price and KRW 8.3 million, the Defendant did not notify the victim of this fact.

As above, the Defendant, who belongs to the victim, obtained the delivery of KRW 168 million from the victim as the purchase price of the above vehicle from the victim and acquired it by defrauded.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement of E in the protocol (two times) concerning the suspect interrogation of the accused by the prosecution;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police against D;

1. Documents attached to written complaint;

1. Application of the original register of automobile registration, applications for registration of transfer, certificates of transfer of respective automobiles, and statutes of registration certificates;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The crime of fraud in the middle of the sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the said Act