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(영문) 인천지방법원 2019.07.04 2019고단1463

사기

Text

Defendants shall be punished by imprisonment for four months.

However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.

Reasons

Punishment of the crime

[Criminal Justice] On October 10, 2018, Defendant B was sentenced to one year of suspended sentence of imprisonment with prison labor for a crime of fraud, etc. at the Incheon District Court on April 18, 2018, and the said judgment became final and conclusive on October 18, 2018.

【Criminal Facts】

Based on evidence, part of the facts charged was revised.

The Defendants, as a mid-term end-of-life drawer, had an excessive amount of unjust enrichment under the pretext of a brokerage commission, notify customers of the amount of less than the actual purchase price of a vehicle as the purchase price of a vehicle, notify customers of the amount of less than the actual purchase price of a vehicle, and notify customers of the amount of less than the brokerage commission even without receiving or receiving the brokerage commission, with the intention of having the customer receive the difference as the brokerage commission.

On September 18, 2017, the Defendants prepared a certificate of transfer of a motor vehicle with the amount of trading 36,950,000 won, registration fee of 300,000 won, registration fee of 1,960,000 won, management cost of 270,000 won, and agency fee of 25,000 won, respectively.

However, in fact, even though the actual purchase price of the above vehicle was KRW 24,500,000, the profits from the brokerage commission actually earned by the Defendants were KRW 12,450,000,000, the commission fee was paid to the above automobile transfer contract, and the victim was in a way of not notifying the actual purchase price of the above vehicle to the victim.

The Defendants conspired to induce the victim as above, and then, they acquired 39,500,000 won from the victim’s account in the name of Defendant B for the purchase price of the said vehicle through the account in the name of Defendant B.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Performance records, motor vehicle registration certificates, estimates, vehicle information, and certificate of the transfer of a motor vehicle;

1. A previous conviction in judgment: