A. Fact misunderstanding 1) The Defendant merely lent the name of the lease contract to E, and did not provide E with the leased vehicle as security for financing funds.

2) At the time of entering into a lease agreement, the victim would have concluded a lease agreement with the Defendant, even if the Defendant notified the victim that he would provide the leased vehicle as security, as both the Defendant, the actual user of the leased vehicle, and the J, the actual user of the leased vehicle, were sufficiently capable of paying the leasing fee.

Therefore, even if the defendant had entered into a lease contract with the disregarding of such circumstances, the defendant had entered into the lease contract.

Even if so, the victim was accused.

It can not be seen, and the defendant did not have the intention to commit the crime of defraudation.

B. The sentence sentenced by the lower court (ten months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. 1) In full view of the following circumstances admitted by the lower court and the evidence duly admitted and investigated by the first instance court, the Defendant, who received the leased vehicle from the victim, and immediately offered it as security, can be fully acknowledged.

① At an investigative agency and the lower court, the Defendant testified that “after entering into a lease contract under the name of the Defendant upon the request of the J for financing business funds, the leased vehicle was offered as security to E who is the bondholder,” and led to the confession of all the facts charged.

In addition, it is denied that "it is merely a loan of the name of the lease contract to E rather than a lease vehicle as security," when it comes to the trial of the party. There is no clear explanation that the confession has been reversed.

② In telephone conversations with investigative agencies, E means that “The Defendant lent money equivalent to the value of the leased vehicle, and received the leased vehicle as security for the said loan immediately after the conclusion of the lease contract.”