1. Of the facts charged in the instant case, the point of fraud and the summary of the point of special larceny are as follows: (a) the Defendant, along with Defendant AH et al. of the first instance trial, did not have an intention or ability to finally transfer ownership of a motor vehicle in the Spo-type, even if he/she received the purchase price; and (b) did not have an intention or ability to finally transfer ownership of the motor vehicle in the Spo-type

After acquiring 7,500,000 won from the purchase price while transferring a car with a false end, it was found that a car was stolen by tracking the location of the car in advance by GaPS which is attached to the car.

On September 16, 2013 and September 17, 2013, the summary of the fraud is that the Defendant used a stolen passenger vehicle and used the same method as above, thereby deceiving the victim AV to obtain 7,200,000 won, and theft of the vehicle occupied by the victim AZ.

The lower court, on the grounds indicated in its reasoning, found all of the charges guilty.

2. However, it is difficult to accept the lower court’s judgment that found the Defendant guilty of each fraud among the facts charged in this part for the following reasons.

A. In the facts charged, the prosecutor cited that the owner of a passenger car was possessing a passenger car as a collateral for a loan claim, and that the defendant had the intention to steal the purchase price immediately after transferring a passenger car, on the grounds that the defendant did not have the intention or ability to finally transfer the ownership of the passenger car to AS or AV even after receiving the purchase price.

B. The record reveals the following facts.

1) AP was unable to repay AP borrowed money to AO. On September 11, 2013, the purchase of a vehicle with the money borrowed from Hyundai Capital Co., Ltd. and completed the registration in its own name after completing the registration. On September 12, 2013, the vehicle registration certificate, the vehicle transfer certificate, the vehicle registration certificate, and the vehicle transfer certificate.