사기
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. In fact, the Defendant: (a) obtained a loan from a Hyundai Capital Co., Ltd. (hereinafter “Mo Capital”) by lending the victim’s name; (b) purchased the instant vehicle; and (c) did not intend to mislead the victim’s wife G by deceiving the victim as stated in the facts constituting an offense, thereby exceeding the Defendant’s obligation to loans to Hyundai Capital.
B. Even in a case where the defendant was found guilty of the defendant, in light of the fact that the defendant did not pay the installment of the vehicle of this case and caused damage to the victim as a result, the damage was completely recovered by paying the victim 12 million won, and that the victim did not want the punishment, the sentence sentenced by the court below (one year of suspended sentence in April) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. On July 2013, the summary of the facts charged stated in this part of the charges purported to the effect that “The Defendant will pay KRW 7 million to the victim E the remainder of the cost, such as the cost of transfer of the name of the State, with the payment of KRW 30 million, to the victim E, via D, a post-community of society.”
However, the defendant did not have the intention or ability to deliver the vehicle to the victim even if the victim received the loan from the victim.
In the used vehicle trading company of which trade name is unknown in the Yongsan-gu Seoul Metropolitan Government-dong No. 234 used vehicle trading complex on July 18, 2013, the defendant deceivings the victim as above and caused the victim to do so, and the facts constituting the crime in the judgment of the court below in order to pay the above rent are stated as "the defendant's wife", but it is obvious that the defendant's wife is a clerical error in the "victim's wife".
In the G name, by getting a loan of KRW 30 million from the Hyundai Capital Co., Ltd., the said loan shall be imposed, and the said loan shall not be transferred even if it is not transferred.