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(영문) 인천지방법원 2019.01.30 2018고단8464
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. The Defendant, with respect to a middle and high-speed motor vehicle trading with a brokerage commission, has an intention to inform customers of the amount of unjust enrichment on the pretext of a brokerage commission, which is less than the actual purchase price of a motor vehicle, and has been notified to customers without receiving or receiving a brokerage commission, and has falsely notified the customer of the difference (the amount obtained by subtracting the actual purchase price of a motor vehicle from the purchase price of a floating motor vehicle).

On April 22, 2017, the Defendant entered into a contract with the victim F to sell the e-mail vehicle at KRW 25 million in the cost of the vehicle at KRW 25 million in the “C Building” (E Company), which is “C Building B and a used vehicle trading complex,” and entered into a contract to transfer the said vehicle with the content.

하지만 사실 위 차량의 매매대금은 1,000만 원으로 피고인이 실제로 얻는 알선수수료 명목의 수익은 1,500만 원임에도, 자동차양도증명서에 알선수수료는 받지 않는다고 기재하고, 피해자에게 위 차량의 실제 매매대금을 고지하지 아니하는 방법으로 피해자를 속여 그 차액을 가로챌 생각이었다.

As above, the Defendant, by deceiving the victim as above, received KRW 25 million from the victim as the purchase price for the vehicle in the e-gu vehicle in the e-mail.

2. The Defendant violated the Automobile Management Act: (a) was a commercial employee selling or selling used cars with the trade name of the EE Company on the temporary basis of the foregoing paragraph 1.

However, only the company belongs to the company and there is no employment relationship with the company, and it is a trader who independently runs a trading business without any direction, supervision, payment, and sales commission from the company.

A person who intends to conduct motor vehicle transaction business shall register with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport

Nevertheless, the defendant shall not be registered with the head of the Si/Gun/Gu, and the date and place specified in paragraph (1).

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