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(영문) 인천지방법원 부천지원 2017.03.24 2017고정34
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is a sales partner belonging to a trade trading company of the motor vehicle called “C” located in Seo-gu Incheon Metropolitan City.

A motor vehicle dealer shall not make a false or exaggerated indication or advertisement on a motor vehicle in which he/she intends to arrange the sale or trade.

On September 2016, the Defendant advertised a used car on the “D” website operated by the Defendant, published a photographic file of “D 3 food truck” on the Internet, and posted a notice to the seller’s name by falsely offering the seller’s name by inserting the name of the “E” in the seller’s information, and selling approximately KRW 15,400,000,000,000 in a distance of 22.4 million, without the intention of sale.

Accordingly, the defendant, as a member of the above trading company, made a false advertisement by stating the price of the vehicle and the name of the seller on the vehicle to be sold.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes to photographs by capturing false advertisements;

1. Article 80 (5) 5-3 and Article 57 (3) 2 of the Automobile Management Act concerning facts constituting an offense, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: A favorable circumstance that is favorable to the fact that the criminal act of inducing a buyer by false advertisement is not sufficient to constitute a crime: The defendant recognizes and reflects the criminal act; the first offender is the means of the criminal act in this case; the circumstances after the criminal act; and the sentencing of matters similar to this case, etc. shall be determined as the same as the order.

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