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(영문) 인천지방법원 2019.05.31 2019고단582
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Of the facts charged in the case of fraud, regarding the part that "the defendant inducedd the victim by advertising the goods left in, and then prepared a vehicle delivery certificate, and then renounced the purchase of the vehicle," it is difficult to recognize it only by the evidence submitted by the prosecutor, and therefore, criminal facts are corrected ex officio to the extent that it does not infringe the defendant's right of defense.

Around July 21, 2018, the Defendant displayed the victim D with 2016 Kaz vehicle in the Seo-gu Incheon, Seo-gu, Incheon, and made a false statement to the effect that “the price is KRW 30 million.”

However, in fact, since the price of the above car-generating vehicle was KRW 19 million, the difference between KRW 30 million and KRW 19 million, which is the vehicle price presented by the defendant, was thought to be acquired by the defendant as a brokerage fee.

The Defendant, by deceiving the victim as above, had the victim borrow KRW 24 million from F on the same day, and received the remittance, and acquired KRW 30 million in total by acquiring KRW 6 million from the victim-owned vehicles in the form of acquiring KRW 6 million.

2. Any person who intends to operate a motor vehicle transaction business in violation of the Motor Vehicle Management Act shall register with the head of a Si/Gun/Gu;

Nevertheless, around July 21, 2018, the Defendant, as described in paragraph (1), purchased vehicles of KRW 30 million from C to D in Seo-gu Incheon, Seo-gu, Incheon, for the purchase of vehicles of KRW 2016,00,000, without registering the motor vehicle transaction business.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The automobile transfer certificate (E), the check-up record of the secondhand performance condition, loan documents, automobile registration certificate (E), the vehicle acceptance certificate and written consent to collect personal information, and the details of G and text dialogue;

1. An investigation report (acquisition value on the E register of vehicles purchased by the complainant), the register of motor vehicles (E), the certificate of transfer received from H which is the trading company, and the certificate of transfer.

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