(영문) 서울중앙지방법원 2015.05.28 2014고단7411

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(영문) 서울중앙지방법원 2015.05.28 2014고단7411

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in used car sales business.

In fact, around March 2012, 2012, the Defendant’s fenzL550 color car was released in the year 2008, and the odometer was not passed about 20,000 km. However, there was an accident that is sufficient to replace the Bows and the ridges and the subsequent pents and the rear gates and the rear gates, and thus, if the Defendant’s f in Seocho-gu Seoul, the Defendant’s f in Seoul, on March 25, 2012, had a duty to reveal the accident history. However, the Defendant’s fencing victim G with the Defendant’s f in Seocho-gu, Seoul, stating, “I would sell the vehicle without the accident, because fencing it is a fencing one year and fencing one year, and then will purchase it again at the market price.” The fenced from the victim by receiving the victim KRW 59 million as the purchase price of the said vehicle.

Summary of Evidence

1. Statements made by witnesses G in the second trial records;

1. Statement made by a witness H in the third protocol of the trial;

1. Each prosecutor's protocol of examination of part of the defendant's interrogation (including the whole charged part);

1. Automobile register;

1. A registration certificate and a record of inspection of the performance status of a used motor vehicle (the defendant and his defense counsel claimed that the defendant notified the victim of the history of the accident of the above motor vehicle at the time of the sale of the above motor vehicle. However, as long as the victim and H's investigative agency and this court's statements were reasonably and consistent to the purport that there was no timely materials about the history of the above accident, and there are insufficient materials to support the victim's signature in "the record of inspection of the performance status of a used motor vehicle (including the content of the accident)" of the above motor vehicle, the above assertion by the defendant and

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62(1) of the Criminal Act:

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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