A. The Defendant, with the victim D (hereinafter “victim”) and C, engaged in the business of lending used cars as security or trading used cars.

The victim provided a partner's money, and the defendant stated the purpose of the use of the partner's money to C who managed the partner's money, and then paid the purchase price and the repair cost with the consent of C.

The Defendant transferred all the proceeds from the collection of loans or the sale of motor vehicle to the account in C name, and did not use the proceeds for personal purposes.

While the sale of a part of an automobile caused a loss due to a decline in the market price or an additional cost during the period of delay, and even if some proceeds are not paid, this is merely a non-performance of civil obligation arising from continuous transaction, and there is no fact that the victim promises to guarantee the principal.

In light of these circumstances, there was no intention to commit fraud in that the defendant did not deceiving the victim or C in charge of fund management, and there was no intention to commit fraud in that he/she had intent to return the proceeds.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. 1) The following facts are acknowledged in full view of the evidence duly adopted and examined by the lower court and the first instance court. A) The victim, pursuant to the business partnership agreement with the Defendant and C, transferred the amount of money to the E Bank account in the name of C (Account Number: AD; hereinafter “E Bank account”) from May 2013 to several times.

The Defendant requested C, who managed the E Bank account, to pay a used car loan or a sales amount. C transferred the amount requested by the Defendant from the E Bank account to the E Bank account in the name of the Defendant’s name (Account Number: AE; hereinafter “Corporate Bank account”).

(b).