사기
The defendant shall be innocent.
1. On July 5, 2012, the Defendant: (a) received a request from the victim C, who is a golf train instructor, after the first half of July 2012, to allow the purchase of a heavy-time vehicle from the victim C; (b) received the request from the victim of the instant car, and then arranged the purchase and sale of the EMW650 vehicle from the victim around that time; (c) received KRW 30 million from the victim to the new bank account in the name of the Defendant on July 5, 2012; and (d) received KRW 6 million in cash at the same time as the delivery of the said car.
When the Defendant received a request for refund from the victim on several occasions from the day after delivery of the said car, on the grounds that the said car is impossible to move to the name as a so-called large-scale one, the fact at the inter-dispact coffee shop in Gangnam-gu Seoul, Gangnam-gu, Seoul on August 23, 2012, after obtaining the said car from the victim, delivered it to D through the victim and then planned to use the said car at will, but the Defendant received the refund money from the victim and planned to use it at will, the Defendant made a false statement to the victim that “the said car was used for one month, and KRW 2 million,” and the said car was sold at KRW 34 million.”
The Defendant, as above, by deceiving the victim, received immediately from the victim the above passenger car of approximately KRW 34 million at the market price.
2. In light of the testimony of the judge D’s witness D’s legal statement, it is difficult to believe C’s statements in this court, the police, and the prosecutor’s office, which are evidence corresponding to the facts charged of this case, as they are, and there is no other evidence to prove
3. According to the conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, acquitted under the latter part of Article 325 of the Criminal