A. In determining the facts, the Defendant: (a) purchased K-G car (hereinafter “instant vehicle”) in the name of the Defendant; and (b) the victim I (hereinafter “victim”) appointed a director of the J Co., Ltd. (hereinafter “J”) to take over the victim’s insurance from the Defendant; and (c) voluntarily guaranteed the victim to purchase the instant vehicle; and (d) the Defendant did not defraud the victim of KRW 13,90,000 of the instant vehicle price from the victim; (b) the lower court found the Defendant guilty of this part of the facts charged; (c) thus, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. In light of the fact that the defendant led to the crime of violation of the Act on the Control of Narcotics, etc. (favour), the defendant is not guilty, the defendant is not guilty, and M reported the defendant to be exempted from his criminal punishment, etc., the punishment sentenced by the court below (favour one and half years of imprisonment, confiscation, and collection KRW 100,000) is too unreasonable.

2. Determination

A. The following circumstances are comprehensively taken into account the evidence duly adopted and examined by the court below and the court below's judgment on the assertion of mistake of facts: ① The victim, from the investigative agency to the court of the court below, purchased the instant vehicle with a loan of KRW 13,90,000 from Hyundai Capital Co., Ltd. to Hyundai Capital Co., Ltd. by stating that, from the investigative agency to the court of the court below, the Defendant would be liable for all vehicles, such as the payment of the vehicle and taxes, if the Defendant attempted to purchase the vehicle at the time, but was unable to purchase the vehicle due to good credit, and thus, he would be able to recover even if the Defendant paid the installments at that time."