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The defendant shall be innocent.
Reasons
1. On December 14, 2016, the Defendant: (a) the actual operator of (ju)B; (b) the internal director E of the victim (owner) D in the workplace of the pertinent company located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, may arrange for a large export volume of the vehicle on the face of the payment of the vehicle in advance due to a large demand for F and G; (b) the special export license for the vehicle is granted; (c) when the vehicle is released, the export declaration certificate of the special vehicle shall be granted; and (d) the person who believed the horse may be exported to the company and receive considerable profits from the export of the vehicle.” On the other hand, E, from that date, had E transfer one F vehicle to the IB bank of the F vehicle from March 24, 2017, from that time to March 24, 2017, received KRW 2365,565,6505,500 from the damaged company under the name of the damaged company, such as the list of crimes in attached Form 6.
However, even though the Defendant did not have any intent or ability to purchase FF vehicles, etc., the Defendant acquired the said money from the victimized Company by deception as above.
2. The assertion and judgment
A. As to the Defendant’s assertion Nos. 1, 2, 4, and 5 of the Crimes List No. 1, 5: around November 2016, E, the complainant, asked the Defendant to “E to know about the rental car company that may release the relevant vehicle, as he/she intends to export F and G,” and the Defendant released F2 and G 15 vehicles via H, “H” and “K,” which are operated by J, and then handed over the said vehicle to the complainant.
② As to the No. 3 of the List of Offenses: The complainant requested the Defendant to purchase the vehicle for the export of one L/C, and the Defendant released the L/C under the name of “M”, and the Defendant sent the vehicle to the complainant and the documents necessary for the transfer of the vehicle to the name.
(3) As to the No. 6 of the crime sight table: One million won of the down payment of the complainant's assertion is deposited into the K account, and is irrelevant to the defendant.
B. In full view of the judgment 1 Defendant, witness E, J, and N’s legal statements, the complainant E is a list of crimes 1, 2, 4, 4.