The defendant shall be innocent.

1. The Defendant is the representative director of E Co., Ltd.

On January 1, 2016, the Defendant: (a) sold F(G) tourist buses held by the said company to H; and (b) through I and J, the Defendant stated, “I and J, by receiving the payment for tourist bus trade, the obligee would cancel the registration of the mortgage by discharging the mortgage debt established on the said tourist bus by the obligee’s capital.”

However, even if the defendant received the above money, he did not have the intent or ability to use it for the repayment of the mortgage obligation, and even if he used the money for other purposes, he did not have any intention or ability to repay it at the time.

Therefore, through J, K, the actual operator of the victim L Co., Ltd., through this circumstance, saying, “If you wish to purchase F tourist buses owned by the E in Chungcheongbuk, I would like to cancel the registration of the mortgage by repaying the above mortgage debt if you would like to enter the said vehicle into L Co., Ltd., and there is a difference in the money needed to repay the debt of the F tourist buses established in the above tourist bus.”

Therefore, the Defendant, as seen above, was accused by deceiving the victim and then transferred the total amount of KRW 100 million to the victim, which was KRW 80 million on January 25, 2016, and KRW 20 million on the following day.

2. Determination

1. The summary of the Defendant’s assertion 1) The Defendant had no intention of deception because he had the intent and ability to cancel the right to collateral security at the time of selling the bus.

2) The other party to the Defendant’s transaction is H, and there is no legal relationship between the Defendant and the victim M, and merely received the bus sales amount to be received from H through the victim, and thus, fraud against the victim cannot be established.

2. Determination

A. According to the following circumstances revealed by the evidence adopted and examined by the court, the defendant agreed to cancel the right to collateral security while selling bus, and the defendant agreed to do so.