A. As to the case of Defendant Y1) 2012 Godan11958, the Defendant, upon the request of BO, purchased K7 vehicles in the name of AT from the beginning and sent KRW 5 million, excluding expenses of KRW 8 million, which he received as security, to BO, did not deceiving the victim Hyundai Capital Co., Ltd.

B) With respect to the instant case No. 2013 Godan508, the Defendant did not forge the instant promissory note. (C) In relation to the instant case, the Defendant received KRW 45 million as the sales proceeds of the vehicle, and thereafter delivered a vehicle with KRW 8 million and KRW 21.5 million to the victim B, as well as remitted the remainder of KRW 15.5 million.

2) In light of the various sentencing conditions in the instant case of unreasonable sentencing, the lower court’s imprisonment (ten months of imprisonment and one year and two months of imprisonment) against the Defendant is too unreasonable.

B. Although Defendant Z reported marriage with the intention to marry with Y, the judgment of the court below which convicted Defendant was erroneous in the misapprehension of facts and affected the conclusion of the judgment.

2. Determination as to Defendant Y’s assertion

A. With respect to the case of 12012 Godan11958 on the assertion of mistake of facts, the defendant filed an appeal on the ground of mistake of facts by denying this part of the crime at the court of the court below after having led to the confession of all these crimes in the court of the court of the court below. In light of the importance of the statement in the court of the recognition of the facts charged, it is not reliable that the defendant arbitrarily reverses the confession made in the court of the court of the court below, unless there are any special circumstances, and the following circumstances acknowledged by the evidence duly adopted and investigated by the court of the court below and the court of the court of the court of the court below, namely, ① BO was present as a witness in the court of the court of the first instance and introduced the defendant to AT upon the request of the defendant to help purchase the vehicle.