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(영문) 인천지방법원 2019.08.16 2019고정710
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, in Seo-gu, Seo-gu, in order to avoid trading in the middle and high-speed vehicle, has an intention to inform customers of the amount of unjust enrichment under the name of brokerage commission, which is smaller than the actual purchase price of a vehicle, as the purchase price of a vehicle, and without notifying the actual purchase price of a vehicle, has failed to pay the difference (the amount calculated by subtracting the actual purchase price of a vehicle from the actual purchase price of a vehicle) as the brokerage commission

On April 28, 2018, the Defendant made a false statement to the victim D that he/she would sell the Eniboo vehicle at KRW 19.5 million in the middle and high-class trading complex B located in Seo-gu Incheon, Seo-gu, Incheon, and sold the said nibf vehicle to the above content.

하지만 사실 위 차량의 매매대금은 880만 원으로 피고인이 실제로 얻는 알선수수료 명목의 수익은 1,070만 원임에도 피고인은 피해자에게 위 차량의 실제 매매대금을 고지하지 아니하는 방법으로 피해자를 속여 그 차액을 가로챌 생각이었다.

The Defendant, by deceiving the victim as above, had the victim borrow 15.6 million won as the purchase price of the said U.S. vehicle, and wired it to the Defendant, and acquired the FF bargaining vehicle owned by the victim from the victim with approximately four million market price.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of each register of vehicles;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, recognized the instant crime by the investigative agency.

There is no record that the defendant has been punished for the same crime.

The defendant agreed with the victim in an investigative agency only.

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