logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.10.26 2017고단5666
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who gets off a used car.

1. No motor vehicle dealer who violates the Motor Vehicle Management Act shall make a false or exaggerated indication or advertisement on a motor vehicle in which he/she intends to sell or arrange the trade;

Nevertheless, on April 15, 2016, the Defendant made a false advertisement that the above vehicles are sold to 160,500,000 won, even though the Defendant did not own food BMW520dx drive vehicles on the off-to-date Internet in 2015.

2. Around June 4, 2016, the Defendant borrowed 53.5 million won from AI, first of all, from the victim HD to sell the 2015 Form HEW car to 16.5 million won in the Seo-gu Incheon Seo-gu High Vehicle Trading Complex.

In this regard, it is intended to convert 16,50,000 won from CO which pays interest and principal of 37,450,000 won of the remainder of the installment, excluding 16,50,000 won of vehicle price, and bears low interest after three months to receive a loan.

“False speech” was made.

However, the Defendant did not have the intent or ability to sell the above vehicle in KRW 16 million to the victim, and even if the victim borrowed KRW 53.5 million, the Defendant did not have the intent or ability to repay 37.45 million to the side of the capital.

The Defendant, by deceiving the victim and allowing the victim to borrow 53.5 million won in installments from AI, and then received 53.4 million won in excluding 100,000 won in the stamp tax.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to HD;

1. Recording notes, written statements, and investigation reports (the details of the prosecutor's direction);

1. The Schedule to redeem products, such as a core description;

1. A copy of a motor vehicle registration certificate and a certificate of transfer of motor vehicle;

1. Application of statutes to a copy of a written performance;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 80 subparagraph 5-3 of the Automobile Management Act, and Article 57(3)2 (the point of false advertisements) of the Automobile Management Act, and the choice of imprisonment with prison labor for each type of crime;

1. Aggravation concurrent crimes;

arrow