The defendant shall be innocent.

1. On January 25, 2012, the Defendant stated in the instant charges that “The Defendant shall pay the E-cub vehicle rent of KRW 2,293,00 each month in lieu of the E-cub vehicle per week, and shall also receive the ownership of the vehicle within 12 months,” at the victim F office operated by Seocho-gu Seoul Metropolitan Government D.

However, in fact, even if the Defendant did not have any property at the time and there was no certain income, and the victim company entered into a contract with Hyundai Capital Co., Ltd. on July 23, 201 on the condition that the lease fee of KRW 2,293,00 per month would be paid for 48 months each month, the Defendant could not normally pay the lease fee, and further, it could not normally acquire the ownership of the said motor vehicle.

The Defendant, as such, by deceiving E, obtained the instant vehicle from Hyundai Capital Co., Ltd., which entered into a lease contract with the victim company of KRW 65,500,000 at the market price of the same day from Hyundai Capital Co., Ltd. on the same day.

2. Determination

A. In order to find the Defendant guilty of the instant facts charged, the fact that the Defendant acquired the instant vehicle from E on or around January 25, 2012, based on the evidence submitted by the prosecutor, should be recognized that there was a criminal intent to acquire the instant vehicle from E. As long as the Defendant did not make a confession, the criminal intent of defraudation, which is a subjective constituent element of the crime, has to be determined by comprehensively taking into account objective circumstances, such as the Defendant’s financial history, environment, details of the crime, and the process of transaction, etc., and the criminal intent is not a conclusive intention, but a willful negligence, not a conclusive intention (see, e.g., Supreme Court Decisions 2007Do10416, Feb. 28, 2008; 2007Do8726, Aug. 21, 2008). The criminal intent of deception refers to an act that is contrary to the good faith principle that should be widely observed in the transaction relationship, causing mistake to a person.