사기
The defendant shall be innocent.
1. Around 13:00 on January 15, 2013, the Defendant: (a) sold a FK7 car, a used vehicle, from D located in Gwangju-gu, Gwangju-gu, to E; (b) while the odometer is marked at 52,245km in the odometer, the Defendant, despite being aware of the fact that the odometer is replaced by the odometer even though the odometer is more than 29,096km than the distance indicated in the odometer, and even though he was aware of the fact that the odometer marked in the odometer is less than the actual odometer, he, without mentioning the odometer, by deceiving E as if the odometer marked in the odometer is the actual odometer; and (c) by deceiving E, he, received KRW 20,50,000 from E as the sales proceeds of the said vehicle.
2. Determination
A. According to the record of recognition, G: (a) prior to the sale of the said vehicle to H; (b) H purchased the said vehicle from G via I’s introduction; (c) At the time H’s purchase of the said vehicle from G, the Defendant was accompanied by H to K convenience stores located in J of Gangnam-gu, J; (d) the Defendant again sold the said vehicle to the Defendant while taking the said vehicle and leaving the said vehicle at the automobile maintenance shop; (c) the Defendant did not speak of the fact that the odometer was replaced while selling the said vehicle to E at KRW 20,50,000; (d) the Defendant did not immediately inform H of the fact that the odometer was replaced by the odometer’s phone call; and (e) the Defendant informed H of whether the odometer was replaced by the odometer’s mileage; and (e) informed G and the details of the said paragraph to G and the Defendant by informing G of the agreement between G and the Defendant.
B. Whether to prove the facts charged or not, the odometer of the above vehicle at the time when the defendant sells the above vehicle.