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(영문) 의정부지방법원 2021.02.02 2020고단4983
사기
Text

A defendant shall be punished by imprisonment for four 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

The Defendant: (a) as a broker for the sale of heavy cars in the House B B in Bupyeong-si B Automobile Sales Complex, (b) induced customers by raising pictures and prices of a vehicle, which is a false article, on the Internet site; and (c) as a customer, (d) stated that “the vehicle reported to the party” is no longer sealed, and (e) stated that “the vehicle that the party reported to the party is to introduce another vehicle, and then, (e) sold a vehicle more than the actual value.”

On January 11, 2020, the Defendant made a false statement to the effect that “The victim C, who found the Defendant, was at the end of 2016 so that the Defendant would be induced to the above water law and would be able to purchase vehicles,” and that “I would like to purchase this vehicle because she was at the end of 16.5 million won in 2016.”

그러나 사실 위 아반 떼 승용차는 2015. 12. 4. 경의 출고가격이 13,238,182원이었고, 피해자에게 판매할 당시의 실제 매매대금은 약 900만 원이었으므로 피고인이 실제 얻는 알선수 수료 명목의 수익은 약 750만 원 가량임에도 피해자에게 위 아반 떼 승용차의 실제 매매대금을 고지하지 아니하는 방법으로 피해자를 속여 그 차액을 알선 수수료 명목으로 가로챌 생각이었다.

As above, the Defendant deceiving the victim and then acquired approximately KRW 7,50,000,000,000,000, which is the amount after deducting the appropriate purchase price, from the name of the purchase price for the car from the victim on the same day.

Summary of Evidence

1. Application of Acts and subordinate statutes to perusal of the motor vehicle registration ledger of each police protocol concerning suspect interrogation protocol to the accused who has made a statutory statement of the accused;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines [type 1] The general fraud [type 1] below 100 million won (special sentencing factors]: the punishment is not to be imposed; or

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