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(영문) 서울중앙지방법원 2017.04.27 2017고단1072
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant imported a second class of H2 MUME (HUME) quantity, and attempted to manipulate the odometer to dispose of the odometer at a high price.

1. Violation of the Automobile Management Act;

(a) No person shall change the odometer of a motor vehicle except in extenuating circumstances prescribed by Presidential Decree, such as breakdown or destruction of the odometer;

Nevertheless, in October 2015, the Defendant changed the odometer of the vehicle from 215,756km to 74,788 km, which was imported by the Defendant to F, who was an engineer of odometer operation, in the Songpa-gu Seoul E Underground Parking Lot, from 215,756km to 74,788 km, and in return, paid KRW 500,000 in return.

(b) A person who takes over a motor vehicle not yet transferred in the name of the motor vehicle shall file an application for the registration of transfer of the ownership of the motor vehicle with the Mayor/Do Governor within fifteen days

Nevertheless, on January 14, 2016, the Defendant: (a) transferred the aforesaid Hu2 vehicle to G on the following 2-A; (b) was discovered that the odometer operation occurred; and (c) on May 26, 2016, the Defendant paid G the purchase price to G in the vicinity of Gangnam-gu Seoul, Gangnam-gu and received the said Hu2 vehicle again on the acquisition of the said Hu2 vehicle, but did not make the ownership transfer registration under the name of the Defendant.

2. Fraud;

A. On January 14, 2016, at the Seocho-gu Seoul Metropolitan Government office No. H218, the Defendant: (a) requested the Defendant to sell the instant H2 vehicle to the Defendant; (b) did not notify the Defendant of the fact that he operated the mileage of the said H2 vehicle from 215,756km to 74,788km; and (c) did not let the said I enter into a sales contract as if the distance of the said H2 vehicle was 74,78km with the Defendant’s agent J, the buyer of the said H2 vehicle, as if the odometer was 74,78km; and (d) received KRW 62,00,000 as the purchase price of the vehicle from the damaged person.

B. The criminal defendant against the victim K is L in Gangseo-gu Seoul Metropolitan Government around November 5, 2016.

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