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(영문) 수원지방법원 2014.11.21 2014노4116
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (in fact or misunderstanding of legal principles) was examined by the Korea Insurance Development Institute, and the three accidents related to the instant vehicle were found to have occurred. As such, the Defendant who is a used car with a used car is obliged to verify the exact content of the said accident and to notify the buyer thereof.

The defendant notified the complainant as a non-accidentd vehicle without fulfilling such duty, and it is recognized that the defendant had the intention of deceiving the defendant.

2. Determination

A. The summary of the facts charged in this case and the summary of the judgment of the court below 1) The defendant stated that "the defendant made a false statement that he sold an accident-free vehicle to the complainant even if the accident occurred in the golf vehicle (F), and that he obtained a total of KRW 28,034,00 from June 16, 2013 to the next day from the complainant as the vehicle price, etc., and acquired pecuniary benefits." The court below found the adopted evidence as follows; the defendant found the vehicle of this case as an accident-free vehicle by the IF company which inspected the performance and condition of the vehicle of this case; the defendant issued the "inspection register of the performance condition of the vehicle of this case" to the complainant; the defendant proved the accident history of the vehicle of this case to the Insurance Development Institute; and found the defendant not guilty of the accident of this case (three times insurance proceeds, various repair costs, and 00 won) as the result of the judgment; and found the defendant not guilty of the accident of this case in light of the following circumstances.

B. The above circumstances acknowledged by the court below as the judgment of the court below.

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