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(영문) 인천지방법원 2018.11.09 2017고정2372

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 17, 2017, the Defendant sold Cub car to the victim E at approximately KRW 60,000,000,000,000,000,000,000,000 from D in the Central and High Vehicle Sales Complex in Incheon Dong-gu, Incheon. At the same time, the Defendant agreed to receive KRW 13,50,000,000,000,000,000,000 from the victim’s GN Si car.

However, in fact, even though the Cub car is about 200,000 km of the actual odometer, it was replaced by the meter, and it was displayed about 60,000 km of the odometer, but the defendant deceivings the victim without notifying the fact.

The defendant was given 13.5 million won in cash equivalent to the above difference from the injured party.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Recording of the witness E's statement in the second public trial records;

1. Partial recording of a witness H's statement in the second public trial record;

1. Some statements made to the accused in each police interrogation protocol (including questioning with the E);

1. A complaint filed by E;

1. A copy of the certificate of registration of cubs vehicles and a copy of the certificate of registration of motor vehicle transfer;

1. Documents submitted by complainants, such as odometer history, the register of motor vehicles, and the maintenance records of the Hyundai Motor Vehicle Maintenance Center;

1. Photographs of the average market price of cushion vehicles in 2010;

1. The Defendant and his defense counsel notified the victim that the mileage was not clear due to the change of the instrument plate at the time of sale of the vehicle in Kusk-gu (hereinafter “automobile in this case”) and the victim was also aware of this. Thus, the Defendant did not deceiving the victim.

According to each legal statement of the victim, H and the statement of a copy of the vehicle transfer certificate, it is recognized that the Defendant notified the victim that the odometer would not be accurate due to the replacement of the vehicle at the time of selling the instant vehicle to the victim.

However, when trading a used vehicle, the odometer shall be the vehicle.