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(영문) 인천지방법원 2019.07.25 2019고단3736
사기
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant: (a) induceds a customer through a tentative name, which is a price significantly lower than the actual purchase price of a vehicle; and (b) solicits a customer who found it to purchase another vehicle that is not a motter; (c) sold a vehicle at a price significantly higher than the actual purchase price of the vehicle and acquired the difference by deceiving the customer.

Accordingly, around May 2018, the Defendant posted a false copy of the fact that he sold the vehicle of 3.8 million won in the 201-type C 201 at the Internet website, which is a second-class sales website. On the 9th of the same month, the Defendant reported and contacted this advertisement, and had the victim D, who contacted with this advertisement, enter the victim D into a luminous field in the sport.

In addition, on the 9th day of the same month, the Defendant sent the victim to F in Seo-gu Incheon, Seo-gu, and the victim came to know of the fact different from normal person as the first grade of the mental body, caused the victim to waive the purchase of the above C vehicle, and displayed the victim's vehicle G Y in 2015, and made a false statement to the effect that "the price is KRW 21.2 million."

However, in fact, the above Crando vehicle is in 2018 and approximately KRW 18 million, and the defendant did not have the intention or ability to sell the above Coldo vehicle for KRW 3.8 million. Since the market price of the above Goldo vehicle was in KRW 11.8 million, the defendant's vehicle price was 9.4 million, which is the difference between KRW 21.2 million and KRW 11.8 million of the vehicle price presented by the defendant, was considered to have been acquired as a sales brokerage commission by the defendant.

Accordingly, the defendant deceivings the victim as above and received KRW 2.7 million in cash from the victim, and caused the victim to borrow KRW 18.5 million from H on the same day, and acquired it through payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes on investigation reports;

1. Criminal facts;

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