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(영문) 인천지방법원 2020.05.26 2020고정415
사기
Text

Defendants shall be punished by a fine of KRW 8,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. Defendant A posted a false advertisement on the Internet’s website that he/she sold a vehicle of KRW 10 million with a number not exceeding 2017,00,000, and agreed to enter into a contract with the victim C who reported and contacted the false advertisement. On June 13, 2018, the Defendant drafted a contract with the victim C, which was located on the first floor of the Seo-gu Incheon Metropolitan City D Complex, around 18:00.

After that, the Defendant concluded that, “In fact, this vehicle shall be a collision test vehicle, an accident may occur if it is operated, and the amount shall be inspected twice a year at the principal’s expense, and each time it is inspected, shall enter 2.5 million won per year,” and that the Defendant would be able to cancel the said contract only when another vehicle is purchased.

However, in fact, the above vehicle was a motor vehicle that cannot be sold as a false article, and the defendant thought from the beginning that the victim would sell another vehicle at a price lower than the market price.

As above, the Defendant, by deceiving the victim, received cash 4 million won in the name of the purchase price of the 2012-type cruise vehicle from the victim, and by allowing the victim to borrow KRW 7.4 million in the name of the victim, and acquired a total of KRW 11.4 million.

2. On August 16, 2018, Defendant B posted a false advertisement to sell a Vietnam-style cruise vehicle at KRW 5.6 million on the Internet B B, and agreed to enter into a contract with the victim F who reported and contacted with the Internet B. Around August 20, 2018, the Defendant drafted a contract at the Incheon Seo-gu Drop office.

After that, the Defendant stated that the victim would be able to cancel the said contract only in the case of purchasing another vehicle by making a false statement that “this vehicle has a vehicle defect, such as rapid launch, and that it will not be AS.”

However, it is not possible to sell the Korean-Korean cruise vehicle as a false product.

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