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(영문) 인천지방법원 2020.06.26 2019고정2192
사기방조등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant, along with B (24 years old), was a person engaged in the duty of trading of used cars without registration in the Incheon Ctrade Complex.

On August 22, 2017, the Defendant sold G (T) to the victim F who reported “E”, a false vehicle advertising site, within the office of the Seo-gu Incheon Seo-gu Ctrade Complex D, and ordered the victim F to make a false statement to the effect that “A contract for a single vehicle and after the second month, the vehicle is replaced with the vehicle of KRW 15 million, the desired price, and the loan amount of KRW 26,200,000,000,000 is to be revoked in full.”

However, in fact, the defendant did not have any intention or ability to replace the vehicle sold to the victim after the second month, or to cancel the installment financing contract of the victim.

Nevertheless, the Defendant had B apply for a loan of KRW 26,20,000 to H as the price for the vehicle, and had B deposit KRW 26,20,000 with I’s account (J bank and K), and aided and abetting B to commit fraud by receiving the same and distributing the money.

2. Any person who intends to run a motor vehicle management business shall register with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

Nevertheless, the Defendant, at the time and place mentioned in paragraph (1), provided B with telephone services to the competent authority in order to carry out the automobile transaction business without registration of the automobile dealer, such as the characteristics and the vehicle price of the above vehicle is KRW 15 million, which is not KRW 26.2 million, in the process of preparing a vehicle transaction certificate of the above vehicle at the victim's low price.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and B;

1. Cakao Stockholm conversations and recording records;

1. A motor vehicle registration certificate, a motor vehicle registration certificate, and H motor vehicle lending;

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