사기등
[Defendant A and C] Defendants shall be punished by imprisonment for six months.
except that for one year from the date this judgment becomes final and conclusive.
A. Around the 26th day of the same month, Qa Bank made the victim obtain a loan from Qa Bank to purchase a motor vehicle, thereby making the victim obtain a loan of KRW 28.3 million to transfer the loan to the J bank account in the name of the J bank (U) through the R Bank account in the name of the S Bank (T), a corporation affiliated with the business establishment.
Summary of Evidence
[2018 Highest 2808]
1. Each legal statement of the defendant A and C
1. Defendant B’s legal statement
1. Legal statement of the witness H;
1. One copy of the deposit details of the victim: one copy of the certificate of automobile transfer, notification of departments related to the report of 112 Incident, details of installment loans to the victim, meeting of investigation cooperation official letter, meeting of investigation (verification of market prices of the Gu in which the victim is filed), vehicle photograph and recording record [1];
1. Defendant C’s partial statement
1. Legal statement of the witnessO;
1. Statement of the police concerning V;
1. Contents of W dialogue exchanged exchanged between the complainant and the suspect, a certificate of automobile transfer, each recording record, a detailed statement of loan transactions, a second seizure warrant and correspondence;
1. Defendant A, C, and defense counsel’s assertion on the assertion of Defendant A, C, and defense counsel asserted that Defendant A did not deception the victim H and the victim CO as stated in each charge, and Defendant C did not assist the victim H in preparing a contract, but there was no fact that Defendant A attempted to prepare a contract, and the victims merely concluded a contract for the use of a used motor vehicle as stated in each contract.
However, the victims' statements in the investigative agency and the court of law do not seem to be reliable because their contents are very specific, consistent and different.
In light of the motive of the victims to purchase the vehicle, the value of each vehicle, etc., the method of selling the vehicle can only be seen as part of the Act on the Fraud of Sales in the Second Instance, and there was no intention of the victims to purchase the vehicle as stated in the contract, such as the statement in the disposal document.