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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is Defendant A's used cars with C's jurisdiction.
On June 16, 2013, the Defendant made a false statement that “The Defendant sold 25 million won golf vehicles (F) without accidents to E (the 34 years of age, South) who filed a complaint in Gwangju-si D (the 28,034,000 won, including vehicle transfer expenses and insurance premium.”
However, there was an accident on golf vehicles, which is trying to trade with the complainants.
Around June 16, 2013, the Defendant issued KRW 100,000 from the complainant to the account of the National Bank (G) in the name of the complainant, around June 17, 2013, the Defendant obtained KRW 28,034,00,000 from the complainant to the account of the National Bank (H) in the name of the complainant on or around June 17, 2013, and obtained property gains by offsetting KRW 6,80,000 from the purchase price of the SM5 vehicle owned by the complainant on or around June 17, 2013, and around June 17, 2013.
2. In light of all the circumstances revealed in the pleading, such as the fact that the IA checked the performance and condition of the present vehicle, the Defendant judged the present vehicle as a non-accident vehicle, and the Defendant sufficiently explained the meaning of the “accident” indicated in the same text while delivering the “motor vehicle performance and condition inspection register” indicated in the foregoing inspection items to E as the buyer of the vehicle, and the Defendant was aware of the history of the present vehicle’s accident to E, and the result (three times of the accident, insurance money, and all kinds of repair costs) was shown to E, and E also reported the results of the inquiry into the history of the present accident, and deemed the present vehicle to be a non-accident, the evidence submitted by the IA alone cannot be deemed to have proved to the extent that there is no reasonable doubt that the Defendant had a criminal intent to commit fraud.
Thus, the above facts charged constitute a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure