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(영문) 인천지방법원 2019.07.25 2019고정1039
사기등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. In order to have a high-amount intermediary fee, the Defendant notified the customer of the amount that is less than the actual purchase price of the vehicle as the purchase price of the vehicle, notified the customer that he did not receive the intermediary fee, and planned to have the difference.

The Defendant, around October 13, 2017, arranged the victim C to sell and purchase D-gner vehicles (05 years, 148, 836km) from Michuhol-gu Incheon, Michuhol-gu, Incheon, to the victim C, provided that the purchase and sale amount of the above vehicle is KRW 6.75 million, and that there is no brokerage fee for sale and purchase.

However, in fact, the seller of the above vehicle was to sell the above vehicle for approximately KRW 7.20,00,000,000 paid by the victim and KRW 6.75,000,000,000,000,000 paid by the defendant, and the defendant was to acquire the difference between the above KRW 7.75,00,00 as a sales intermediary fee. In accordance with the relevant statutes,

As above, the Defendant, by deceiving the victim, received the above KRW 6030,00 from the victim and acquired it by fraud.

2. Any person who violates the Motor Vehicle Management Act shall register with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

Nevertheless, without being registered with the competent authority, the Defendant carried out the unregistered vehicle management business, such as selling D-gner vehicles to the victim as provided in paragraph (1), such as the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. E office photographs and vehicle photographs;

1. Application of a copy of the motor vehicle transfer certificate to statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act (Fraud), Articles 79 subparagraph 13 and 53 (1) of the Automobile Management Act, and the selection of fines;

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

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