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(영문) 수원지방법원 안양지원 2020.04.22 2018고단2036
사기등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around March 7, 2018, the defrauded concluded that the Defendant, “A 17-year vehicle and is an accident-free vehicle with the odometer distance below 10,000 km,” showing the victim D who seeks to purchase a heavy vehicle in the C Jeon market located in B, and that “A 17-year vehicle and is a vehicle with the odometer distance below 10,000 km.”

However, in fact, the said car was an accident vehicle that has been damaged to the extent that the sum of 4,684,878 won, such as the cost for the exchange of a DNA.

Nevertheless, on March 7, 2018, the Defendant received from the victim the total sum of KRW 48.9 million from the account (F) in the name of the C (F) and KRW 6.7 million from the Defendant’s name (G) around March 7, 2018.

Accordingly, the defendant, by deceiving the victim, received property from the victim.

2. Where a motor vehicle dealer who violates the Motor Vehicle Management Act places an advertisement on a motor vehicle via Internet, he/she shall display the history of the motor vehicle and its seller information, and shall not provide them falsely;

Nevertheless, around February 2018, the Defendant: (a) around February 2, 2018, stated the fact that the said car was a vehicle with an accident requiring approximately KRW 5 million repair expenses; (b) provided false information by stating that it was a vehicle with no accident, as if it was a vehicle requiring repair; and (c) stated that it was a vehicle with no accident; and (d) stated that it was “unaccidented” in the accident column and provided false information.

Summary of Evidence

1. The defendant's legal statement (the seventh trial date);

1. The entry of some of the witness I in the third protocol of trial;

1. Statements made by witnesses D and J in the fourth trial records;

1. The description of the witness K's partial statement in the fourth trial record;

1. Each motor vehicle registration certificate, each certificate of transfer of a motor vehicle, each used motor vehicle performance inspection record, each used vehicle condition inspection record, vehicle condition photograph, specification of transactions, etc., register of motor vehicles, details of comprehensive vehicle taxes, car car logtory records, and H reply materials;

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