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(영문) 인천지방법원 2019.05.30 2019고정59

사기

Text

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

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

Reasons

Punishment of the crime

The Defendant and B are withstanding sales of used cars belonging to the used cars ‘D' in Bupyeong-si C and used cars.

The Defendant conspired with B, around August 29, 2017, found a false advertisement of F QM vehicle (sale price of KRW 20.10,000) posted on the “D office located in the “D” site located in Seocheon-gu, Seocheon-gu, Nowon-gu, Seoul, and entered into a sales contract with the victim G while displaying QM3 vehicle in the numberless difficulty, doing so as to sell it, and at the same time, entered into a sales contract with the victim as if it was sold, and received three million won of the vehicle from the victim, and then, “the amount of KRW 17 million should be paid to the victim to purchase the vehicle, and the other vehicle should be purchased to cancel the contract because the vehicle had already been registered.”

However, in fact, the Defendant and B provided the victim who reported and visited false advertisements to enter into a sales contract, and mentioned the additional charges not notified at the time of entering into the contract, and eventually, attempted to acquire the sales proceeds by fraud by introducing all vehicles that are completely different from the contents of the advertisement, and did not have the intention or ability to sell QM3 vehicles, such as the content of the advertisement.

In collusion with B, the Defendant, by deceiving the victim as such, sold the H SPR vehicle to the victim with approximately KRW 11.2 million and acquired approximately KRW 22.9 million from the previous owner, and acquired it by deceit.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police interrogation protocol against B, I, J, and K;

1. Each police statement made to L, M, and I;

1. A transcript of the complaint;

1. Application of a certificate of remittance of loans, N Bank transfer results and inquiry, statement of transactions, certificate of automobile transfer, certificate of vehicle performance inspection, certificate of vehicle receipt, certificate of vehicle performance inspection, written consent for the use of personal information, and E advertisement photograph Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The Criminal Act for the detention of a workhouse;