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(영문) 인천지방법원 2021.01.13 2020고단3531
사기등
Text

Defendant

A Imprisonment with prison labor for one year, for eight months, and for four months, for Defendant C, respectively.

except that this shall not apply.

Reasons

Punishment of the crime

【2020 Highest 3531 - Defendant A and B】

1. The Defendants: (a) enticed the victim through a mosing vehicle; and (b) distributed profits from sales at a price below the normal price as if the other vehicle’s market price was higher than the normal price; (c) Defendant A played a role in selling the victim at the site; and (d) Defendant B conspired to play a team leader who received and distributed profits.

On August 11, 2018, the Defendants: “The two vehicles for F and G carp are sold in KRW 14.4 million each” in Seo-gu Incheon, Seo-gu, Incheon; “The victim D, who contacted by telephone, has induced the victim D to the above high-speed car trading complex; and Defendant B instructed the victim A to directly sell the vehicle.

Defendant

A, according to the direction of Defendant B, in the above day, made the victim prepare a purchase and sale contract with a vehicle different from the advertising, and made it possible for the victim to pay the purchase cost of KRW 800,000 per month to the victim. In order to cancel the contract, the victim made a false statement to the effect that “The purchase of Hystren vehicle is not possible after the registration of transfer is already completed, and the purchase of Hystren vehicle in KRW 30,90,000,00,000 shall substitute the contract: Provided, That in consideration of tax issues, the certificate of the transfer of the vehicle will reduce the price.”

However, in fact, the above rocketing vehicles were limited to KRW 18,100,000,000 for purchase and sale, and KRW 17,770,00 for registration, and the Defendants did not notify the victims of the fact that their purchase and sale intermediary fees up to KRW 1,103,00 ( KRW 309 million - KRW 18,170,000 - KRW 1770,00) that they acquired were plans to sell at low prices as if they were normal prices and to acquire the purchase price.

Nevertheless, the Defendant received one million won from the injured party to the corporate bank account under the name of the Defendant A for the same day as the purchase price of the above rocketing vehicles.

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