A defendant shall be punished by imprisonment for two years.

A. misunderstanding of facts and misunderstanding of legal principles are 15 vehicles out of 40 vehicles provided as security by the victim KK Co., Ltd. (hereinafter “victim”) (attached Form 1, 4, 9, 10, 14, 15, 16, 25, 26, 27, 27, 30, 31, 33, 36, 37 each vehicle mentioned in attached Table 1, 4, 9, 10, 15, 16, 25, 26, 27, 27, 30, 31, 33, 36, 37)

Therefore, the judgment of the court below which found all of the charges related to the above vehicle guilty is erroneous in misconception of facts or misapprehension of legal principles.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is excessively unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. From July 2016, the Defendant, while engaging in wholesale and retail business, concluded a credit transaction agreement with a victimized company, and applied for a loan of KRW 23,00,000,000, under the presumption that the above part of the charges would have sufficient collateral value, by providing LAW 3.6 vehicles as security to the victimized company around September 7, 2018.

However, since the above vehicle was considerably damaged due to an accident and the actual purchase price was remarkably lower than the amount of the loan application, there was no collateral value corresponding to the amount of the loan application, and not only the defendant was in a situation where only 400 million won was liable without any specific property at the time, and it was thought that the vehicle had been used for the purchase cost, repair cost, etc. of the vehicle and the remaining amount of the loan and that the previous obligation was repaid, so there was no intention or ability to repay the loan even if the damage company received the loan.

Nevertheless, the Defendant, by deceiving the victimized company as above, received 23,000,000 won as a loan from the victimized company as well as from around that time to December 3, 2018.