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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual error) was that at the time of concluding the vehicle sales contract as indicated in the judgment of the court below (hereinafter referred to as "the instant sales contract"), the Defendant agreed to inform the victim that two attachment of the instant vehicle was made, and to cancel it until the end of December 2009, the Defendant did not intend to deceive the victim.
2. According to the evidence duly admitted and examined by the lower court, the following circumstances are recognized.
① The victim stated to the effect that, as consistent from the investigative agency to the court of the court below, the Defendant, at the time of the conclusion of the instant sales contract, he/she received the purchase money from the victim, he/she immediately released the seizure of the instant vehicle from the said money to transfer the purchase money.
(2) At the time of the conclusion of the instant sales contract, H made a statement that H would make a transfer registration only by December 31, 2009, on the ground that H wanted to register the transfer of ownership on the day of the instant contract, and to take out the instant vehicle, but E would not have any problem in the payment relationship, and that E would not have any problem in the payment relationship. As such, E would have left the said vehicle to Samcheon (the location of the victim’s place of business) by leaving the said vehicle to move, and there is a circumstance that he would not immediately move from Samcheonpo (the location of the victim’s place of business).
(3) According to Article 3 of the sales contract of this case, the Defendant: (a) received KRW 10 million from the Agricultural Cooperative account in the name of E on the day of the above contract; and (b) determined that the vehicle (including all the documents necessary for the registration of ownership transfer) shall be immediately handed over to the victim at the time of receipt (in the form of two right of investigation record).