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(영문) 인천지방법원 2019.01.17 2018고단8101
사기등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. The Defendant: (a) induceds a customer through a tentative name, which is a price significantly lower than the actual purchase price of a vehicle; and (b) solicits a customer to purchase another vehicle, which is not a fluor, to find the fact; (c) sold a vehicle at a price significantly higher than the actual purchase price of the vehicle and acquired the difference by deceiving the customer.

On June 16, 2018, the Defendant reported to the victim F, who was found to have already sold E vehicles from D B to D B, and made a false statement to the effect that “The price is KRW 27 million,” while displaying the victim’s passenger car in 2016.

However, the difference between 27 million won and 16 million won, which is the vehicle price presented by the defendant, was thought to be acquired as a brokerage fee by the defendant.

As above, the Defendant, by deceiving the victim, had the victim borrow KRW 27 million from H on the same day, and acquired it by remittance.

2. Any person who intends to operate a motor vehicle transaction business in violation of the Motor Vehicle Management Act shall register with the head of a Si/Gun/Gu;

Nevertheless, the Defendant, without registering a motor vehicle trading business at the time and place specified in paragraph (1), arranged the transaction of the motor vehicle as stated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 79 Subparag. 13 and Article 53(1) of the Automobile Management Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act for probation and community service order is that the victim's penalty is not imposed (to be submitted on January 7, 2019).

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