beta
Text
The defendant shall be innocent.
Reasons
1. The Defendant is a person who is engaged in the business of selling heavy cars in the D complex located in Suwon-gu, Suwon-gu, Suwon-si C.
On April 5, 2016, the Defendant: (a) requested repair at the bottom frame of the middle and high-speed bus van (hereinafter “instant vehicle”); and (b) requested repair business operators to change presses for safety in order to use the vehicle for driving the vehicle, despite the explanation that the repair business operators need to change presses; (c) on April 5, 2016, the Defendant requested the repair business to change presses in iron plates only.
around 16:00 on April 7, 2016, the Defendant sold the above vehicle to the victim F in the above complex and received only a work to cover the press, and in such a case, it is highly likely that the lower frame is the lower frame during driving, and the risk of an accident is reasonable. Therefore, despite the obligation to notify the fact that it is an incomplete repair condition, the Defendant entered into a sales contract with the victim with hiding it, and received KRW 3.10,00 from the former KEB account in the name of the Defendant on the same day.
Accordingly, the defendant deceivings the victim to take money by deceiving the victim.
2. Determination
A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction of guilt is to be based on evidence with probative value that makes a judge feel true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant (see, e.g., Supreme Court Decision 2001Do2823, Aug. 21, 2001). B. The following facts are acknowledged according to the evidence duly adopted and examined by the court.
(1) On February 2, 2016, the Defendant operating a secondhand car sales business is transferred to the said auction place by Hyundai Groman Saman on February 2, 2016.