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(영문) 인천지방법원 부천지원 2019.10.10 2019고단2139
사기미수
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant and B are those who have served as a middle-time driver in D', which is a used vehicle trading complex in Bupyeong-si City.

The Defendant and B: (a) induced customers to use high-amount unjust enrichment as a used motor vehicle, concluded a sales contract for the said false product with a false used vehicle for an apparatus; (b) induced customers to cancel the said contract for various reasons; (c) introduced other motor vehicles; and (d) planned to acquire high-amount unjust enrichment by selling it in an amount less than the actual purchase price of the motor vehicle and selling it to the customers; (d) the Defendant entices customers by advertising false goods; and (e) B recruited the Defendant to perform the role of arranging the vehicle contract with the customer at the site and to distribute the high-amount unjust enrichment acquired.

According to the above public invitation, around March 26, 2019, the Defendant posted an advertisement for F-wing and cutting 2 truck, a false article (tentatively referred to as “M”) on the website of the “E”, and solicited the victim G to report on the said advertisement, and made a sales contract for the said truck to the effect that “B will sell the instant truck to KRW 3.5 million,” along with B, the Defendant prepared a sales contract for the said truck.

After that, the Defendant and B, while making a false statement to the effect that “3.5 million won was the commencement of an auction and the remainder of the succession amounting to KRW 20,500,000,000 shall be paid since the auction was awarded,” the Defendant and B recommended the victim to purchase another vehicle.

However, in fact, the above wing-2 truck was a false article, so it was impossible to sell it to the victim at the beginning, and the defendant and B made the victim waive the first purchase contract of the truck that was purchased from the beginning.

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