사기
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. Around January 24, 2013, the Defendant sold the instant vehicle to the victim C in front of the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Daejeon. The Defendant stated that “The instant vehicle did not display its board and painting because the accident occurred, and is the same as the new vehicle in the same condition as there was no performance or condition.”
However, at the time of performance inspection, the Defendant knew that there was a defect in the above vehicle by being notified from E, an industrial employee, and did not confirm whether the accident occurred because he did not inquire about the accident experience with respect to the above vehicle.
On January 25, 2013, the Defendant, by deceiving the victim as above, received money of KRW 13.5 million from the victim to the national bank account (F) in the name of the Defendant, and acquired it by deceit.
2. Determination
(a) Article 58 of the Automobile Management Act (1) In cases where a motor vehicle dealer sells a motor vehicle or arranges the sale and purchase of a motor vehicle, he/she shall notify the purchaser of the relevant motor vehicle in writing before concluding the transaction contract, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport:
1. Details of the checkup of performance and condition of structure, devices, etc. of the relevant motor vehicle;
2) Where a seller intends to notify the purchaser of the performance and condition of the structure and devices of a used motor vehicle that he/she intends to sell or offer good offices for sale pursuant to Article 58 (1) of the Act, the following persons shall use the relevant used motor vehicle at the place where there is facilities and equipment reported to the head of a Si/Gun/Gu: