The defendant shall be innocent.

1. The summary of the facts charged is related to the Defendant and B, and B borrowed a total of KRW 33,050,000 to the victim D upon C’s request on February 15, 2016 and February 18, 2016, and the victim provided one set of one set of 1st and BM passenger car equivalent to the total market price of KRW 50,000,000 to the victim as security, and the victim occupied and kept it.

On June 2, 2016, the Defendant, at F points located in Daejeon Seo-gu E around 16:00, would pay the victim the money borrowed by B by financing the money with BMW passenger car and benz passenger car.

“.....”

However, the defendant had no intention or ability to repay B's borrowed money even if he received a car from the injured party and provided the car as security and provided the money.

Nevertheless, the Defendant received from the injured party the passenger car and BMW car which the injured party kept as a collateral on the same day.

Accordingly, the defendant had acquired the same amount of property interest by deceiving the victim and acquiring the security right of the car equivalent to the amount of the above car.

2. Determination

A. It is an element to conceal the criminal intent of the Defendant’s defraudation, and it is a question of whether the Defendant individually uses KRW 12 million in total (5 million in total with the price related to the BMW vehicle) paid by the Defendant as the vehicle-related price from the dry G with the said vehicle.

As to this, the Defendant paid KRW 6.5 million to B by aggregating 6.5 million of the price related to BMW vehicle and personal money of the Defendant, but the Defendant did not pay it to B, and the Defendant did not receive the payment from G.

The argument is asserted.

B. First, we examine 500,000 won related to benz vehicles.

Accordingly, the investigation report (G.) shall be admitted as evidence.