사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable in light of the fact that the defendant's mistake is divided and reflected in the gist of the grounds for appeal.
2. The Prosecutor applied for the amendment of indictment with the content that the facts charged were modified as stated below, and the subject of the judgment was changed by this Court’s permission.
In this respect, the judgment of the court below can no longer be maintained.
3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without having to decide on the defendant's assertion of unfair sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court are as stated in the corresponding column of the judgment below, except for the modification of the facts constituting an offense No. 1-A as stated in the judgment below as follows. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
【Around January 29, 2007, at the D Co., Ltd. office of the Defendant’s operation in the Gu-U.S. Si, the Defendant made an agreement to pay KRW 900,000,000 as the rent of the above cargo each month to the victim E, instead of the Defendant’s direct use of the above cargo vehicle, the Defendant paid the remainder of the installment by January 28, 2010, which is the due date for the payment of the vehicle installments, in lieu of the Defendant’s direct use of the above cargo vehicle, on the part of the Defendant, at the D Co., Ltd. office of the Defendant’s operation in the Gu-U.S., the Defendant made an additional agreement to pay the victim KRW 50,000 as the purchase price of the cargo vehicle
Therefore, the defendant does not offer the above cargo to the victim as security after he paid the above cargo installments.