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(영문) 인천지방법원 부천지원 2015.07.24 2015고단1074
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, this judgment is delivered to the Defendants.

Reasons

Punishment of the crime

The Defendants of “2015 Highest 1074 (Defendant A and B)” are those engaged in sales from “F” in the used car sales complex E.

1. No motor vehicle dealer who violates the Motor Vehicle Management Act shall make a false or exaggerated indication or advertisement on a motor vehicle intending to sell or arrange for sale;

Nevertheless, around December 15, 2014, the Defendants conspired to sell the New Zealand car (the 2014 formula) in the Internet site as if they were sold in KRW 21 million, even though it were not a vehicle in fact in the Internet site's "G" advertisement, and on December 14, 2014, published the Internet HH radio exhauster's advertisement in a false manner as if they were sold in KRW 3.5 million, and published the New Zealand X car (the 2014 formula) in a false manner as if they were sold in KRW 2.85 million on January 9, 2015.

As a result, the Defendants conspired to make a false indication or advertisement on a motor vehicle intended to sell or arrange for sale.

2. The Defendants conspired to buy money to the customers who reported the false material advertising at a price lower than the market price, and received the down payment as if they sold a vehicle at a price higher than the market price, and enter the amount higher than the price set forth in the contract column and then, in the event the customer requests the rescission of the contract, he/she shall obtain the money by means of not returning the down payment.

Accordingly, Defendant B, around December 15, 2014, reported false material advertising to F in Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City I, and found Defendant B, as if he sold Ecub cars in KRW 15 million, made a false car transfer certificate to the victim J.

However, the fact is that the above vehicle was intended to receive down payment only from the beginning, and there was no intention or ability to sell it to the victim on the condition of the above sale price.

Nevertheless, Defendant B is an account in the name of Defendant A from the victim to the 3 million won as the down payment.

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