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(영문) 인천지방법원 2020.06.25 2020고단2404
사기등
Text

A defendant shall be punished by imprisonment for 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. Around October 7, 2019, the Defendant reported the Internet advertising to sell ENS G70 cars from No. C of the building B in Seocheon-si, Seocheon-si, and made a false statement that the Defendant would sell KRW 6,930,00 in total, including KRW 6,000,000 and KRW 9,30,000,000,000,000 won, to the victim F.

However, in fact, the above automobiles did not have intention or ability to sell them because they did not have been held by the defendant as a 's 's 's 's 's 's 's 's 's 's '',' and they were thought to have concluded a sales contract with the GNAS GVG G70 as a 's 's 's 's 's 's '

The defendant, in other words, obtained cash 6.93 million won from the victim as the price for automobile trade, and acquired it by fraud.

2. A person who intends to run a motor vehicle management business, such as motor vehicle dealing business, shall register with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of

The Defendant, without registering a motor vehicle trading business with the competent authority, sold the GNAS G70 motor vehicle at KRW 6,930,000 in total, including the purchase price of KRW 6,00,000 and transfer cost of KRW 9,30,000,000, against F, which reported the Internet advertisement at the date and place specified in the above paragraph (1), and found as a customer.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. An Internet advertisement and a letter of commitment;

1. Application of the Acts and subordinate statutes on replies;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act (Fraud), Article 79 subparagraph 13 of the Automobile Management Act, 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 [the aggregate of the long-term punishments of the above two crimes]

1. Article 62 of the Criminal Act:

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