Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On November 14, 2015, the Defendant sold FMW735 vehicles to the victim E at the D office located in the Hasan-si, YAD on November 14, 2015, the Defendant made a false statement to the effect that “The Defendant would sell vehicles by replacing the parts of the fashion valve (e.g., an electronic device that adjusts the speed of change according to the speed of one merpt, vehicle) with a new product.”

However, in fact, a fashion valve is an electronic device that regulates the speed change, and is an important part in relation to the operation and safety of a vehicle, and the defendant thought that the vehicle would be repaired by replacing the fashion valve with a heavy part, and thus, there was no intention or ability to sell the said vehicle to the victim by replacing it with a new fashion valve part.

As such, the Defendant, by deceiving the victim, was given KRW 12.7 million under the name of the purchase price for the vehicle on the same day from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E and G respective legal statements; 1. The police statements made to E:

1. The respondent and the Kakao Stockholm conversation content, a statement of opinion (the publication of the H point), a record of recording, and each photograph (the defendant will exchange the fashion valve of the vehicle in this case);

to replace the product with a new product only;

Although the above evidence is argued that there was no fact that the defendant seems to replace the victim with a new product, it is recognized that in full view of the above evidence, the defendant stated to the effect that the victim would have changed the fashion valve.

In addition, it is reasonable to view that it constitutes deception, in general, requires a somewhat exaggerated exaggeration in advertising of goods, is not sufficient to the extent possible in light of the general commercial practice and the good faith principle. However, the replacement of important parts of used cars constitutes an important matter in used cars transaction, and in a case where a false notice is made, it is beyond the socially acceptable level, and thus constitutes deception.

The application of legislation;