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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[criminal records] On September 24, 2020, the Defendant was sentenced to imprisonment with prison labor for one year and three months, two years of suspended execution, and 80 hours of community service order at the Incheon District Court on September 24, 202, and the judgment became final and conclusive on October 2 of the same year.
[Criminal facts]
1. On February 3, 2020, in Incheon Seo-gu, Incheon, the Defendant: (a) directed the victim C to sell K5 car at KRW 3.3 million; (b) concluded a vehicle sales contract with the same content; and (c) in fact, the said K5 car should pay an additional inspection cost for 36 months each month with an electronic control test vehicle.
“After giving up the purchase of the above vehicle by false words, it would be possible for the victim to purchase another SM5 vehicle at KRW 13,500,000.”
The phrase “a contract was entered into with the victim to sell the vehicle of 13.5 million won (including incidental expenses, 00 won) for the vehicle of 13.5 million won.”
However, in fact, the Defendant did not have the intent or ability to sell the said KS5 car after receiving the above 3.3 million won of the purchase price, and 9.5 million won of the difference, including the expenses incidental to the actual purchase price of the said MF5 car, was acquired by the Defendant as the commission for sales mediation. However, the Defendant transferred the 12 million won of the loan received from the damaged party to the non-deposit account on the same day, and 1.5 million won of the cash was delivered to the 1.5 million won.
Accordingly, the defendant was given property from the victim by deceiving the victim.
2. No person who violates the Automobile Management Act shall carry on automobile management business, such as automobile trading business, without making a registration with the competent authority;
Nevertheless, the defendant did not register the automobile trade business, and as if he was a normal automobile dealer, the defendant arranged and sold the DM5 car to C at the date and place specified in paragraph 1, and sells it.