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(영문) 서울중앙지방법원 2016.08.25 2014고단449
사기
Text

The defendant shall be innocent.

Reasons

1. The Defendant is an employee of the Dong-gu Incheon Metropolitan City C Motor Vehicle Sales Complex, who is engaged in the sales and purchase of used cars as an agent.

On January 2007, the Defendant was requested by the victim E to purchase corporate vehicles to be used in the company by proxy and received necessary expenses and documents related to the vehicle transfer.

Defendant: (a) transferred the two vehicles in the middle and middle term to the victim’s “F” name in the form of lease and installment purchase of the two vehicles in the middle and middle term on behalf of the Defendant; (b) however, in the process, the Defendant was able to dispose of the vehicles in the victim’s name in another place.

On February 10, 2007, the Defendant entered into a lease contract with the above victim in the BMW Telecommunications Co., Ltd. around February 10, 2007 in the name of F in the middle benz S350 70,000 won from the LG Capital, and purchased middle xex E330 b. F in the name of F in the LG Capital. Accordingly, the Defendant would accept and deliver the vehicle upon receipt of the vehicle.

“The phrase “ was false.”

However, even if the above vehicle is covered by the vehicle acquisition certificate, there was no intention to deliver the above vehicle to the victim.

Nevertheless, the Defendant received 70,000 won and 40,000 won in 1 and 330,000 won in installments at the time of the day as the vehicle acceptance certificate by deceiving and transmitting the victim as above, and the Defendant acquired 10,000 won in 20,000 won in 20,000 won.

2. First of all, according to the records and records, among evidence submitted by the prosecutor, the victim's accusation report and the police statement report by G on the victim's accusation report. ① The victim's accusation report does not coincide with the statement of the facts charged, such as the circumstance or time when the defendant demanded the preparation of the vehicle acceptance certificate, and the victim stated as if the procedure for the purchase and disposal of each of the above vehicles was in progress without excluding himself/herself, but each of the above vehicles receives a loan for purchasing funds based on the victim's credit.

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