사기
The defendant shall be innocent.
1. The summary of the facts charged is an article of ready-mixed, who acts as a broker for the trading of high-end motor vehicles.
On June 5, 2014, the Defendant would pay KRW 44 million to the Victim C with the principal and interest on the loan of KRW 39 million as security for used cars.
There is no concern to see damage because the market price of used vehicles of bengris reaches KRW 7-8,000.
“The above victim agreed to do so, and received 36 million won on the same day from the next victim after he delivered the vehicle and she was transferred 36 million won on the same day and 3 million won on the following day, respectively.
While the Defendant continued to demand the payment of principal and interest from the above damage, on October 13, 2014, the Defendant made a false statement to the effect that “F” in contact with the said victim in the vicinity of the “F” used car sales store located in Seocho-gu Seoul Metropolitan Government E, and thus, the Defendant changed the bench vehicle.”
However, in fact, the Defendant did not appear at the time, but did not have the intention or ability to pay the principal and interest promised to the victim even if he received the said vehicle from the victim, because the Defendant thought that he would transfer this vehicle to the middle and high sales company and only receive the brokerage commission.
As such, the Defendant, by deceiving the victim, received the benching vehicle of approximately KRW 70,000 from the injured party, and acquired the benching vehicle from the injured party.
2. Determination
A. The defendant's assertion that the defendant did not deceiving the victim as follows, and did not have the intent to acquire the victim by deception.
argument is asserted.
On October 13, 2014, the Defendant: (a) purchased, from the injured party, a scamben vehicle (hereinafter “instant scamben vehicle”); (b) actually sold the instant scamben vehicle (hereinafter “instant scamben vehicle”); and (c) the remaining scam amounting to KRW 15 million as the scamben price was lowered.
Accordingly, the defendant cannot repay all of the loans to the victim, which is 6 million won and 9 million won are different.