사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal is as follows: (a) the Defendant, while having no intention or ability to repay the instant loan from the beginning, had by deceiving the victim company as if he were to perform the terms of the loan that actually operates the vehicle, and acquired the instant loan by deception; (b) but (c) the lower court acquitted
2. In the trial of the ex officio judgment, the prosecutor applied for changes to the indictment of this case as stated in the following facts charged, and this court permitted this to change the subject of the judgment, and the judgment of the court below cannot be maintained as it is.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining the prosecutor's assertion of misunderstanding the facts or misunderstanding the legal principles.
[Judgment in other words] On September 13, 2013, the Defendant entered into a loan agreement with the employee of the victim Agyth Capital Co., Ltd. at the location of the vehicle D in Magsan-gu Seoul Special Metropolitan City around September 13, 2013, that “The Defendant borrowed KRW 46,80,000 for the loan of KRW 46,80,000 from around October 20, 2013 to September 20, 2016, 1,421,620 for each 36 months from around September 20, 2013, and the Defendant would actually continue to operate the said vehicle.”
However, in fact, the Defendant thought that he lent money to E using the vehicle dispatch system, but did not intend to operate the actual vehicle as the conditions for the operation of the vehicle under the above loan agreement. The Defendant thought that he immediately purchased the relevant vehicle and used the so-called 'motor vehicle tin' as the sales proceeds, and did not have any specific property at the time, so that he did not have any money as the purchase price for the motor vehicle from the victim.