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(영문) 부산지방법원 2017.03.24 2016고단7096
사기등
Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of four months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

[Presumption of Facts] Defendant A, D, and E are employees belonging to “G” in the automobile trade in the Nowon-gu, Seoul Special Metropolitan City.

Defendant

A, around August 2015, A, D, and E posted an advertisement to sell a vehicle that does not actually hold on the Internet site (hereinafter referred to as “mos”) at a much lower price than the market price, and entices customers, and they do so as if they could actually sell the mosing price as if they advertised the mosing, and received the down payment or vehicle price as if they could actually sell the mosing price. The fact that the mosing attitude changed the mos’ attitude means that the mos shall pay the remaining auction price as an auction object, or pay the mos because the mos still remains, so that customers may waive the purchase of the mos, and customers may not accept the mos if they request the return of down payment or vehicle price for the mosing items that have already been held on the mos, etc., while soliciting customers to buy the mos by adding the down payment and vehicle price for the mosing items that have already been paid to the mosing customers.

Accordingly, D, as the team leader, has overall control over revenue management such as sales commission, operating expenses, human resources management, etc., and Defendant A and E, as a field team, have directly reported the baits posted on the Internet and shared the role of purchasing money by selling vehicles through the above methods.

On the other hand, on September 2016, Defendant B conspired to acquire money by joining the above G and taking part in the above public-private partnership relation and the role of the field team together with Defendant A.

[Criminal facts]

1. Defendant A

A. The defendant, the above D, and the above E are employees of "G" for the automobile sale, as stated above, in violation of the Automobile Management Act.

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