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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On January 14, 2017, the Defendant: (a) purchased an 22,200,000 won of an insurance refund up to March 1, 2017; (b) lent 400,000 won to the victim D in the “C” of the used vehicle trading company operating 201, Dong-gu, Incheon, Incheon, for a used vehicle (hereinafter “C”); and (c) lent 2015,000 won of an insurance refund up to June 1, 2017 to the victim D.
The phrase “ makes a false statement.”
However, even if the defendant receives the vehicle price from the injured party, he/she has no intention or ability to return the insurance refund or to exchange the vehicle with the franchiseer in 2015 after six months.
The Defendant received from the injured party the F, YF Laun vehicles and 14 million won from the injured party, of approximately eight million won in the market value on the same day.
Accordingly, the defendant was given property by deceiving the victim.
2. Any person who intends to engage in a motor vehicle trade in violation of the Motor Vehicle Management Act shall register with the head of the competent Gu, etc.
Nevertheless, the defendant did not register a motor vehicle sales business to the head of Dong-gu Incheon Metropolitan City, and had a non-registered motor vehicle sales business without registration, such as trading of used vehicles to customers D at the time and place specified in paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officer in G;
1. Each police statement made to D or H;
1. A motor vehicle transfer certificate, a certificate of motor vehicle registration (E), a transcript, and a statement of account transactions;
1. In cases of investigation reports (receiving a high-class market price list) and the application of Acts and subordinate statutes requesting cooperation in an investigation;
1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 79 Subparag. 13, Article 53(1) (the point of business of trading unregistered automobiles) of the Automobile Management Act, and Article 53(1) of the Criminal Act, the choice of imprisonment with prison labor for a crime;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Protective observation and community service order;