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(영문) 인천지방법원 2017.06.09 2017고정939
사기등
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

On October 14, 2016, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Incheon District Court, and the above judgment was finalized on October 22, 2016.

1. A motor vehicle dealer who violates the Motor Vehicle Management Act shall not make a false or exaggerated indication or advertisement on a motor vehicle which he/she intends to arrange for the trade;

Nevertheless, on May 2016, the Defendant posted a false advertisement on a vehicle that is used to arrange the sale and purchase by accessing the Internet used vehicle sales site to the Internet used vehicle sales site and selling the vehicle in the form of a new type of string that is not held as a material for sale and purchase of KRW 9 million.

2. The Defendant, on May 19, 2016, concluded that the victim B, who reported the above advertisement and made a phone call, was entered into a high-speed trading complex of 187, Nam-gu, Incheon, Nam-gu, Incheon, with a view to entering into a high-speed trading complex of 10 million won.

First of all, 1.5 million won of down payment was changed and false.

However, in fact, the defendant thought that the victim would sell the other vehicle by borrowing the down payment from the victim, and the price did not have the intention or ability to sell the vehicle at the above price.

As above, the Defendant, by deceiving the victim, received 1,50,000 won from the damaged person as the down payment from the seat to the defrauded.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Secondhand advertising photographs;

1. Details of transactions and certificates of transfer of automobiles;

1. Previous convictions in judgment: (A) a written reply to inquiry, such as criminal history, reporting on the results of confirmation of the previous convictions in disposition, and the application of the text of the judgment of the Incheon District Court Decision 2016 Ma 5639 (Ma

1. Relevant legal provisions concerning the facts constituting an offense, Article 80 subparagraph 5-3 of the Automobile Management Act, Article 57 (3) 2 of the Automobile Management Act (the point of a false advertisement for automobile trade), Article 347 (1) of the Criminal Act (the point of fraud), and the selection of each fine;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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