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(영문) 인천지방법원 2019.08.22 2019고단3923

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant posted a false advertisement as if he/she sold a low-end vehicle at a low price, and entered into a contract with customers who reported and found it, and there is an amount to be additionally paid, which is not mentioned at all at the time of the contract.

The purpose of this study is to give up the above contract with the vehicle that is a vehicle with a serious or serious problem, and to let customers purchase the vehicle with no intention to purchase it at a low-end vehicle with no intention to purchase it.

Accordingly, around July 2018, the Defendant: (a) posted a false advertisement on the Internet used vehicle site “(s) 7 million won,” and (b) induced the victim B, who visited the Defendant, to purchase the vehicle with C text messages and “7 million won.” On July 26, 2018, the Defendant: (c) concluded a sales contract with the victim to show the above halog-log vehicle in a nearby used vehicle trading complex with the victim and sell KRW 7 million to the victim as a vehicle with debt; and (d) concluded a sales contract with the victim to the effect that “the said vehicle under the contract is necessary to take over as a vehicle with the victim with the liability; and (e) concluded a contract with the victim requesting the revocation of the contract, the contract should not be revoked because the victim was “the victim requesting the revocation of the contract.”

In lieu of other vehicles, other vehicles must be purchased.

The term "the expression was false."

However, in fact, the Defendant did not have the intent or ability to sell the above halog vehicle to the victim, concluded a sales contract for the above vehicle from the beginning by the aforementioned method, and concluded a false representation as if there was any defect in the vehicle or additional payment, and concluded a false statement that the victim would inevitably have to waive the contract and purchase another vehicle to the victim requesting the cancellation of the contract, and then replace the victim by purchasing another vehicle.