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(영문) 대전지방법원 2014.04.18 2013고정2040
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant: (a) requested the repair of the E SPR vehicle on November 14, 2012 to D, Inc. operated by the victim A in Seo-gu, Daejeon; (b) on November 20, 2012; (c) on November 20, 2012, the FMF vehicle (hereinafter “each of the instant vehicles”); (d) the Defendant did not pay the repair cost of each of the instant vehicles to KRW 8,864,676, and did not pay the repair cost of each of the instant vehicles to recover the vehicle; (c) the Defendant had a debt equivalent to KRW 80,00,000,000, while the Defendant had no capacity or intent to pay the said repair cost due to the lack of any property or income; and (d) on December 12, 2012, the Defendant acquired the said vehicle from the victim’s dwelling to acquire the said vehicle corresponding to each of the instant repair costs.

2. According to the evidence adopted, the defendant at the time of the instant case: (a) was engaged in a secondhand sales business using the position of the head of the GM, and was requested to repair each of the instant vehicles to the victim; (b) the victim repair each of the instant vehicles and demanded the Defendant to pay the repair cost of KRW 8,864,676 in total; (c) the defendant demanded to deliver each of the instant vehicles within three days from the victim on or around December 2012; and (d) the fact that the victim, who did not pay the repair cost, filed the instant complaint against the defendant on May 1, 2013; and (c) the victim filed a lawsuit to pay the repair cost on June 10, 2013.

As to this, the defendant claimed more repair costs than expected by the victim, and there was a dispute with the victim. On the other hand, the defendant received delivery of each of the instant vehicles and sold them, and there was no intention to commit fraud of repair costs.

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