Defendant

A shall be punished by a fine of 5,00,000 won and by imprisonment of 6 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Punishment of the crime

[Defendant B] On September 25, 2019, after being sentenced to six months of imprisonment and two years of suspended execution due to fraud, etc. at the Incheon District Court, the judgment became final and conclusive on July 31, 2020.

Since there is no disadvantage to the defendant's exercise of the defendant's right to defense, such a judgment ex officio without amendment of indictment is recognized as a single concurrent crime after Article 37 of the Criminal Act.

[Criminal Facts]

1. The Defendants’ joint crime committed a motor vehicle sales contract by inducing the victim through false material advertising as those engaged in the used vehicle sales business, and concluded a motor vehicle sales contract by inducing the victim. The Defendants demanded the victim to purchase the said motor vehicle and had the victim renounced the purchase of the said motor vehicle, and did not have the original mind to purchase

In order to purchase other used vehicles with no container, it is intended to acquire the difference without notifying the actual purchase price.

On July 4, 2019, the Defendants directed the victim D, who found a false advertisement, to sell the 1,500,000 won of the above 1,50,000 won of the above 1,50,000 won of the vehicle located on the Internet site of the court auction center at the office located in Seo-gu Incheon, Seo-gu, Incheon. The Defendants concluded a vehicle sales contract with the same content.

The Defendants continue to pay 1,00,000 won per month for 36 months, “The Defendants are defective and have a separate permission for a public auction vehicle.”

"A contract may not be revoked, but a contract may be altered by purchasing another vehicle and purchasing it." After giving up the purchase of the said vehicle by making a false statement, such as "a contract may not be revoked," to the victim.

“A contract was concluded between the victim and E in the amount of KRW 9,352,980 (including incidental expenses, 00 won) by making a false representation as “.”

However, in fact, the Defendants did not have the intent or ability to sell, after receiving the purchase price of KRW 1,500,000, the above-mentioned vehicle from the victim.