사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the grounds for appeal, the defendant could sufficiently be recognized that the defendant deceivings the victim as stated in the facts charged of this case, and that the defendant had attempted to commit the crime by deception.
Nevertheless, the judgment of the court below which acquitted the defendant is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
2. Summary of the facts charged in this case and the judgment of the court below
A. The summary of the facts charged is as follows: (a) the Defendant would purchase a motor vehicle with a loan from the victim’s name and give a siren to the victim D through C at the Defendant’s office located in the Seocho-gu Daegu-gu Office on August 2013.
The installment of the loan will be divided into one half of the sales profit if the vehicle is disposed of after payment.
The name shall be lent in preference to 5 million won.
“False speech was made to the effect that it was “.”
However, in fact, the defendant had the intention to purchase and dispose of the vehicle in the name of the victim, and there was no intention or ability to pay the installments that have been borrowed in the name of the victim.
Around August 7, 2013, the Defendant had the victim obtain a loan equivalent to KRW 24 million from the two capital Capitals Co., Ltd. in the name of the victim, and purchased a truck of KRW 5 tons E with the loan, and acquired it by delivery.
B. The lower court determined: (a) the Defendant paid 1,1620,000 won to the victim in 14 times each month from September 2013 to October 2014; (b) the victim lent the name to C in addition to the instant truck, the name of the subsidiary loan on the H Kaknche Corpool; (c) the victim received KRW 5,00,000,000 including the price of the instant truck in 3 million won; (d) the victim received the registration number plate of the instant truck from the Defendant on December 2, 2014; and (d) the Defendant consistently displayed the instant truck as a display.