A. In fact, the Defendant had the intent and ability to seek registration number plates from the victim by making disbursement of most of the money that the victim suffered from the victim’s business operation registration number plates (hereinafter “registration number plates”) to seek registration number plates for the victim’s business use. However, the lower court erred by misapprehending the facts, thereby finding the Defendant guilty of fraud among the facts charged in the instant case.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal

A. In light of the following circumstances acknowledged by the evidence admitted by the lower court as to the assertion of mistake of facts, the Defendant did not have any intent or ability to seek a registration number plate at the time of receiving money from the injured party.

Since it is reasonable to view that the court below is guilty of this part of the facts charged, it is just and there is no error of mistake in fact.

1) Although the Defendant received total of KRW 15,040,00 from July 27, 2015 to August 16, 2015 under the pretext that he/she would want to seek registration number plates from the injured party, the Defendant did not properly specify the registration number plates or the trucking transport business operator who used or intended to use for the injured party (at least several times the Defendant talked with the injured party, but all the Defendant talked with the company that was irrelevant to the registration number plates were revealed to be the company that was irrelevant to the lease of the registration number plates). This situation leads to the time of the conclusion of the pleadings at the trial.

2) The Defendant appears to have been a trucking trucking in the future in the logistics of the Ulsan federation, Inc., but the Defendant, if the Defendant is unable to seek a registration number plate from the victim, he/she would also lease the registration number plate of the truck he/she left.

There is no time to say, and such a lease is itself.