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(영문) 인천지방법원 2019.06.27 2019고정630

자동차관리법위반등

Text

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

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

Reasons

Punishment of the crime

1. The Defendant: (a) reported the Internet advertising writing to the effect that “the sales of a vehicle with a lower price than the market price is a vehicle with a problem that is not mentioned at all in the said advertisement; (b) renounced the said contract; and (c) purchased a vehicle with no intention to purchase the vehicle at a lower price than the market price; and (d) subsequently, the Defendant intended to take property benefits by having the customer buy the vehicle with no intention to purchase the vehicle at a lower price.

Accordingly, around March 11, 2018, the Defendant reported the Internet advertising writing to the victim C, who found that “the Defendant sold heavy rocketing to 2 million won,” and concluded a sales contract with the victim that sold DK5 cars to 18.5 million won, on the following grounds: “The above car is at a vehicle at the gambling place, which goes beyond the gambling place, and may be seen as losses up to the last 20 million won.” The original contract should not be avoided, but at this time, the Defendant concluded a sales contract with the victim that sells DK5 cars to 18.5 million won.”

However, in fact, the Defendant did not have the intent or ability to sell the said rocketing car in 2 million won. As such, as from the beginning, there was a problem with the said rocketing car from the beginning, and caused the victim to waive the above rocketing car contract, and then sold the said car at a price much higher than the normal market price by deceiving the market price of other automobiles.

The Defendant, by deceiving the victim as above, entered into a sales contract with the victim to purchase the K5 vehicle at approximately KRW 18.5 million in comparison with the market price on the same day, and had the victim file an application for installment financing loan to E, thereby deceiving the victim by remittance of KRW 18.5 million as vehicle price.

2. The Defendant, at the time and place specified in paragraph 1, committed the forgery of a private document and the uttering of a private document to F for the said K5 vehicle transferor.