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(영문) 인천지방법원 2020.02.06 2019고단7941
사기등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No motor vehicle dealer who has violated the Automobile Management Act shall make a false or exaggerated indication or advertisement concerning any motor vehicle which he/she intends to sell or offer good offices for sale and purchase;

On May 16, 2018, the Defendant misrepresented “B” at the store of Incheon City (hereinafter referred to as “Seoul Si”) and transmitted a mobile phone to the victim C the fact that “Dco-do motor vehicle is sold at KRW 11.3 million,” which could not be actually sold to the victim C by using a mobile phone, thereby making a false or exaggerated indication or advertisement on a motor vehicle to arrange the sale.

2. The Defendant: (a) induceds a customer with a false medium-sized advertising for an amount of money; (b) notified the customer of an amount less than the actual purchase price of the vehicle as the purchase price of the vehicle; and (c) notified the customer that no brokerage fee is paid.

Around May 17, 2018, the Defendant made a false statement to the effect that “The Defendant would allow Franco to purchase KRW 27,400,000,000,000,000,000,000,000,000,000 won or more without brokerage fees, without notifying the victim C of the fact that there was an additional amount of money that had not been reported in advance to the victim C, as described in paragraph (1).”

However, the above automobiles presented that G, the principal borrower, sold KRW 17 million, and accordingly, the difference of KRW 10,440,000,000,000,000,000 as sales brokerage fees, was acquired by the Defendant, and the “automobile transfer certificate” in the victim’s name, which is the actual sales price of the vehicle, is prepared and submitted at the time of transfer of ownership without permission of the victim, separate from the “automobile transfer certificate” written by the victim as stated in the above KRW 27,40,00,00,00,000,000,00

The defendant deceivings the victim in such a manner, and is issued KRW 29.6 million from the victim for the purpose of the purchase price, etc. of vehicles.

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