A. In fact, the Defendant gave C consent to the sale of the instant vehicle by F, the owner of the instant vehicle registered in the registry.

Inasmuch as “the purchase and sale of the instant vehicle was mediated after hearing the word “,” the Defendant did not have any intention to commit the criminal act as indicated therein.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. On the basis of the determination of the assertion of mistake of facts, the following circumstances found by the evidence duly adopted and investigated by the court below, i.e., the owner of the original register of the instant vehicle, which was the owner of the instant vehicle, was the owner of the instant vehicle, and the F lent the instant vehicle to C and E on the condition that the payment of the instant vehicle was made instead of the installment, and did not request the sales of

In full view of the fact that the Defendant, at the time of delivery of the instant vehicle by C, knew that the owner and the actual user are different from the owner on the registration ledger of the instant vehicle at the time of delivery, ③ Nevertheless, the Defendant demanded C to provide materials verifying his intention to request the sale and purchase of the instant vehicle on the registration ledger of the instant vehicle, or does not confirm at all the request for the sale and purchase of the instant vehicle to F, and arrange the sale of the instant vehicle as stated in the facts charged in the lower judgment, the lower court’s judgment convicting the Defendant of the instant facts charged is just and acceptable, and there is an error of law by mistake as alleged by the Defendant.

shall not be deemed to exist.

The defendant's assertion of mistake of the above facts is without merit.

B. The defendant did not have the record of having been punished for the same offense, and the crime of this case is committed.