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(영문) 인천지방법원 2020.04.22 2019고단9601

사기

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On August 28, 2019, the defendant was sentenced to a suspended sentence of two years for six months for fraud at the Incheon District Court.

9.5 The above judgment became final and conclusive.

In Seo-gu, Incheon Metropolitan City, the Defendant and B expressed a large amount of unjust enrichment under the name of brokerage commission to the customer as a vehicle sales fee for the purpose of the equipment, who is not paid or received a brokerage fee, and made a false notice to the customer as to the small amount of the difference (the amount calculated by subtracting the actual vehicle sales fee from the fixed amount of the vehicle sales fee).

B around November 4, 2017, at the office located in Seo-gu Incheon Metropolitan City, B concluded a contract to sell a vehicle of 12 million won in the vehicle price, brokerage commission, and other registration fees, etc., together with E, at the office located in Seo-gu, Incheon Metropolitan City, the Defendant: “B shall prepare a contract between B and the victim in accordance with the above, and explain the sales proceeds and details of loans to the victim,” and the Defendant continued to receive from the victim a telephone contract to cancel the contract on the 6th of the same month, “B shall return the loan amount of 11.5 million won to the customer,” and the remainder shall be paid by H with the card, and the customer shall return the loan amount of 2.8 million won to the customer immediately after receiving the loan from the debtor, “B shall return the loan amount of 4.0 million won to the customer.”

However, in fact, the defendant and B are the seller's selling price of the car at 6 million won, and the motor vehicle dealer is the actual transaction brokerage fee in accordance with the relevant laws and regulations.