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(영문) 대전지방법원 2020.01.16 2019고단4172

사기등

Text

The crimes of the first and second crimes of the judgment of the defendant are punished by imprisonment with prison labor for six months, and the second crimes of the judgment.

Reasons

Punishment of the crime

[criminal power] On April 5, 2018, the Defendant was sentenced to imprisonment for six months for fraud, two years of suspended sentence, and community service order at the Daejeon District Court on April 13, 2018, and the judgment became final and conclusive on April 13, 2018, and is currently under the grace period.

【Criminal Facts】

1. Crimes related to victim B;

A. A. Around November 6, 2016, the Defendant: (a) decided to sell the vehicle for EMW X3 in the name of the victim B at the Seo-gu Daejeon metropolitan apartment parking lot, Daejeon, to the victim B at KRW 15 million; (b) first, the Defendant agreed to complete the ownership transfer registration for the said vehicle under the victim’s name within the number of days prior to the payment of the vehicle price.

However, as of October 30, 2015, F (the State) had already established a mortgage over the above car amounting to KRW 8.5 million, the Defendant did not notify the victim of the establishment of the mortgage. Even if the Defendant was paid the vehicle price by the victim, he did not have the intention or ability to complete the registration of transfer of ownership of the above car by cancelling the mortgage.

Nevertheless, the Defendant made such a false statement to the victim, and received KRW 15 million from the victim in cash around that time.

B. The Defendant in violation of the Automobile Management Act is a motor vehicle dealer who is a secondhand dealer, and engages in the business of motor vehicle dealing or arranging the sale and purchase of a motor vehicle, as a motor vehicle with the vehicle with which the

Where a motor vehicle dealer sells a motor vehicle or arranges the sale of a motor vehicle, he/she shall notify in writing the buyer of whether the seizure and mortgage are registered before concluding the transaction contract.

Nevertheless, on November 6, 2016, the Defendant sold the said car to B as set forth in the said paragraph, and did not notify the fact of the registration of the mortgage established on the said car.

C. The Defendant, on January 2, 2017, transferred the ownership of a passenger car to B without cancelling the mortgage on the said passenger car.

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