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(영문) 인천지방법원 2018.08.16 2018고단4175
사기미수등
Text

Defendant

A and Defendant B shall be punished by a fine of KRW 1,000,000, and Defendant C shall be punished by a fine of KRW 2,000,00.

The Defendants are the defendants.

Reasons

Punishment of the crime

1. On December 15, 2017, Defendant A and Defendant B advertised the E Malaysia’s automobile that they did not own in D, as if they were sold at KRW 4.5 million.

Defendant

On December 16, 2017, at around 14:00, Defendant A and Defendant B entered into a contract with the victim to sell and purchase at the customer parking lot of F2 in Incheon, Seo-gu, Incheon, the victim G at around 14:30 on the same day, and at around 14:30 on the same day, Defendant B entered into a contract with the victim to purchase and sell at KRW 4.5 million at the vehicle trading complex of 49,000,000,000 from the Nam-gu, Incheon, Nam-gu, Incheon, and then, Defendant B entered into a contract with the victim to purchase and sell at KRW 4.3 million from the H car insurance office of F.15:10 on the same day, and received the motor vehicle from the victim on the condition that the amount set off from the purchase price of the motor vehicle.

However, there was no intention or ability to sell in 4.3 million won as the market price was 10,200,000 won when the defendants did not actually own.

There is a large amount of additional payments not mentioned at the time of the subsequent contract after concluding a guidance contract as if the price is lower than the market price.

On the other hand, it was intended to make the gold victim waive the purchase by himself and to sell a low-price motor vehicle designated by the Defendants without setting out the reasons for concluding the contract.

As a result, the Defendants conspired to deception the victim, and attempted to acquire the motor vehicle from the victim under the name of the purchase price of the motor vehicle, but did not disclose the fact to the police officer at the site and did not commit an attempted crime.

2. The term "motor vehicle management business" includes the motor vehicle sale business, and the term "motor vehicle sale business" means the business of buying and selling or arranging motor vehicles and vicarious execution of application for the registration thereof, and a person who intends to conduct the motor vehicle management business shall be determined by Ordinance of the Ministry of Construction

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