A. In fact-finding, the Defendant heard from I that the lending limit would increase if he purchases a vehicle through the lending company, and transferred documents necessary for the loan to I, but thereafter, the Defendant did not pay the Defendant the payment of the vehicle to the victim because I disposed of the instant vehicle and did not pay the purchase price.

At the time of the purchase of the instant vehicle, the Defendant did not have the intent to dispose of the vehicle and make it possible to pay the installment price of the vehicle at the time of the purchase of the vehicle, and merely purchased the vehicle in order to raise the credit limit in obtaining the loan by possessing the vehicle. Therefore, the Defendant did not have the intention to acquire it.

B. Even if it is not an unreasonable sentencing decision, the sentence imposed by the court below (six months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. The following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts: (i) the Defendant, at the time of purchasing the instant vehicle, intended to dispose of the instant vehicle to sell the instant vehicle to the selling company, etc. and to arrange the existing debts, etc. with the said money; (ii) the Defendant asserted that, after disposing of the instant vehicle, I did not pay the instant vehicle purchase price to the Defendant, the Defendant had already been liable for the payment of KRW 20 million or more at the time of the purchase of the instant vehicle; (iii) the purchase of the instant vehicle was for the purpose of increasing the lending limit; and (iv) the purchase of the instant vehicle was for the purpose of increasing the lending limit; and (v) if there was intent and ability to pay the installment price of the instant vehicle at the time of the purchase of the instant vehicle, the Defendant paid only KRW 1,746,840 out of the vehicle price to be paid until agreement with the victim was reached by the lower court.