사기
Acquittal of the accused shall be acquitted.
1. The Defendant, on April 30, 2015, made a false statement in the facts charged, stating that “The Defendant is a middle and high-speed vehicle working in “C”, which is a company selling the second and high-speed vehicles in Incheon Nam-gu, and, around April 30, 2015, in the vicinity of the Seo-gu Incheon, Seo-gu Seoul Special Metropolitan City D High-Class Trading Complex, the victim E is a middle and high-speed vehicle with the distance of 75 km, which is KRW 2015,00,000,000,000,000.”
However, in fact, the defendant did not intend to sell the above-mentioned vehicle for KRW 111.4 million.
The Defendant received from the injured party the transfer of KRW 50,00,000 from the new bank account in the name of the suspect-friendly family member under the name of the suspect, and KRW 4.1 million on May 1, 2015, respectively, from the injured party under the name of the vehicle price in the middle and middle in the instant case, and received KRW 2.9 million from the injured party in cash, respectively. < Amended by Act No. 13325, May 1, 2015>
Accordingly, the defendant was given property by deceiving the victim.
2. The identity of the facts charged or the facts charged ought to be determined on the basis of the Defendant’s act and the social facts based on the legal function of the identity of the facts, and the normative elements thereof should also be considered (see Supreme Court Decision 2005Do10233, Feb. 23, 2007). According to the evidence duly adopted and investigated by this court, the Defendant: (a) on March 10, 2017, this court held that the head of the team “the head of the team is engaged in on-the-spot sales (one-day “lur”; hereinafter “lurler”); (b) managing advertising telephone reception units and customer solicitation books; and (c) sending them to the customer through the Internet, and (d) sending them to the customer with the instructions of “any vehicle”, and (e) having received instructions from the customer, and (e) having received instructions from the head of the team and received the instructions, and (e) having not received the orders as the contract deposit.