When the victim I, who made a statement contrary to the above in the court of the court below, was to return the down payment of five million won from the defendants, the victim I reversed the statement to the investigation agency differently from the fact.

Nevertheless, the lower court found the Defendants not guilty on the grounds of erroneous facts.

2. Determination

A. Defendant A is a person who engages in automobile dismantling and recycling business under the trade name, E, and Defendant B is a director of the said company.

At around 14:00 on January 17, 2012, the Defendants conspired to sell used parts of used cars, which cannot be used for automobiles loaded in the 229 KNH Co., Ltd. (hereinafter “HD”) and 400 used parts of used cars, and 18 Gohap 7,760 km block (hereinafter “instant parts”) to exporters.

Defendant

B, around 16:00 on February 16, 2012, at the “G” parking lot located in the Dongdaemun-gu Seoul Metropolitan Government F, with the oral agreement to sell the instant part of KRW 35,000,000 to the victim I, a middle part exporter of the used parts, who had been misunderstanding that “it is possible to use the engine as a new part of the parts that dismantled the engine from the test vehicle”, and had been used as a used part of the used parts by H, without the consent of the victim I, who was a used part exporter of the used parts, was unable to use the used as a used part of the used part of the automobile, and then, received KRW 5,00,000 as the down payment around 10:30 on February 17, 2012, from the following day, the Defendant B transferred KRW 5,00,000 as the passbook under the name of J.

As such, the Defendants conspired to attract the victim I to receive property.

B. The lower court determined as follows, on the ground that the instant facts charged constitute a case where there is no proof of criminal facts.