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(영문) 창원지방법원 2019.06.21 2018고단3305
사기
Text

The defendant is innocent. The summary of the judgment of innocence shall be published.

Reasons

1. The Defendant in the facts charged received a proposal from the Defendant to purchase a vehicle by means of borrowing a vehicle in the name of the Defendant from the Defendant, and was in mind by lending the Defendant’s name.

On June 18, 2015, the Defendant purchased E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

However, in fact, since the defendant purchased the above vehicle from the beginning and had the intention to sell the above vehicle to B, the defendant did not have the intention to own and manage the above vehicle until he repaid the loan amount and did not have the intention or ability to pay the installment according to the above agreement.

The Defendant, as such, by deceiving the damaged company, was transferred from the victimized company to the G Bank account (H) account in the name of the Defendant, namely, from the G Bank account in the name of the Defendant.

Accordingly, the defendant was delivered property by deceiving the damaged company in collusion with B.

2. Determination:

(a) mistake, court shall be impartial and impartial;

In light of the prosecutor's facts charged and various differences, contradictions, and questions presented in support of the prosecutor's facts charged, and rather, the defendant's assertion and evidence are not an attitude to take criminal court to demand strict certification on the premise of incompetence.

The court in charge of a criminal trial shall listen to the arguments of both the prosecutor and the defendant and investigate the evidence in the trial process, and based on the result, the presumption of innocence, which is the principle of the criminal trial required under the Constitution, shall be based on the presumption of innocence.

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