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(영문) 인천지방법원 2018.10.10 2018고단5487

사기등

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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person with a heavy and solid motor vehicle with an unfair profit under the pretext of brokerage fees, and he/she inform customers of the amount less than the actual purchase price of the vehicle for the purpose of the equipment, as the purchase price of the vehicle and does not receive brokerage fees;

After notification, the difference (the amount calculated by subtracting the actual purchase price of vehicles from the purchase price of the unfilled vehicle) was expressed as a brokerage fee.

On February 2, 2018, the Defendant made a false statement to the victim B that he/she sold the CM5 car at KRW 10,100,000 for the vehicle price, as in the 158 MM car as in the Seo-gu Incheon, Seo-gu, Incheon. On February 2, 2018, the Defendant drafted a certificate of transfer of the said car.

그러나 사실 위 차량의 실제 매매대금은 약 4,272,727원으로서 피고인이 실제로 얻는 알선수 수료 명목의 수익은 약 5,827,273원임에도 피고 인은 위 자동차 양도 증명서에 알선 수수료를 전혀 받지 않는 것처럼 기재하고, 피해자에게 위 차량의 실제 매매대금을 고지하지 아니하는 방법으로 피해자를 속여, 그 차액을 가로챌 생각이었다.

As above, Defendant: (a) received 10,648,000 won under the name of the national bank account (E) under the name of the national bank account in the name of D from the victim who is deceiving the victim as above; and (b) received a new car in the market price of approximately KRW 400,000 under the name of the victim as a loan.

2. No person who violates the Automobile Management Act shall conduct motor vehicle management business, such as motor vehicle trade, without registering with the head of a Si/Gun/Gu;

Nevertheless, the defendant did not register a motor vehicle management business with the competent authority, and the motor vehicle management business has been arranged to trade the motor vehicle as described in the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning B of the protocol concerning the interrogation of the suspect against the defendant by the prosecution

1. Request for cooperation with the investigation (verification as to whether a suspect is registered as a trader);