사기등
The defendant's appeal is dismissed.
An application for compensation by an applicant for compensation shall be dismissed.
1. Summary of grounds for appeal;
A. The Defendant did not have any fact that the Defendant was the victim D and E with the identity of the Defendant and the investment return rate, and there was no agreement to pay the 15% of the monthly revenue, and there was no intention to obtain fraud.
The Defendant: (a) requested G to ask a person to succeed to the lease contract for the instant car and kept the instant car; (b) as G could not return the instant car to the victim Aju Capital Co., Ltd. (hereinafter “victim Company”) on the wind to arbitrarily dispose of the instant car to another person, the Defendant did not intend to obtain unlawful acquisition.
B. The first instance sentence of unfair sentencing (ten months of imprisonment) is too unreasonable.
2. Determination
A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, the Defendant, even if having received money from the victim D and E, did not have the intent or ability to return the principal and profit, can fully recognize the fact that the Defendant, as indicated in the judgment of the first instance, received money from the said victims by means of deception that he would not only guarantee the principal, but also pay more than 15% of the principal per month, and that he/she acquired money by deception and that he/she would obtain money.
This part of the defendant's assertion of mistake is without merit.
Comprehensively taking account of the following facts and circumstances acknowledged by the first instance court and the evidence duly admitted and examined by the trial court, the Defendant’s act of unilaterally obstructing contact with the victim company without having requested G to succeed to the lease agreement on the instant vehicle without obtaining consent or approval from the victim company and having stored the instant vehicle and had it demanded by G to return the instant vehicle, is deemed to have refused to return the instant vehicle without making efforts to recover the instant vehicle.