The defendant's appeal is dismissed.

We concluded a lease contract for MMW 730LD car (hereinafter “730 passenger car”) under the name of the J (hereinafter “J”) on the condition that she is liable to pay WW 730 MMW 730 LD car (hereinafter “730 passenger car”) by mistake of the substance of the appeal, misunderstanding of the legal principles, and refusal to return the tea for 750 passenger (each of the crimes of No. 1 in the judgment below) I and W.

W, other than the Defendant, operated the instant 730 car, and was repaired due to the failure, and used and rejected the return of the PW 750LI car (hereinafter “750 passenger car”), and there was no fact that the Defendant acquired the instant 730 car by fraud and rejected the instant 750 passenger car refund.

According to the facts of the crime in the judgment below, with regard to the fraud of the 730 vehicle of this case, the defendant is established as a teacher or a joint principal offender against I, but the court below erred in the application of Article 31 of the Criminal Act or Article 30 of the Criminal Act.

The defendant and the defense counsel did not intend to deceive the victim or to defraud 300 million won from the victim.

The lower court did not recognize the part that “ even if the Defendant received KRW 300 million from the injured party, he did not have any intention or ability to separately prepare an additional amount of KRW 300 million and raise funds to increase the paid-in capital equivalent to KRW 20 billion,” and found the Defendant not guilty on the part of the reasons, even though the important contents of the deception have been changed.

The punishment of the court below (each of the crimes of No. 1 as stated in the judgment of the court below: Imprisonment with prison labor for one year and 2 years as stated in the judgment of the court below) is too unreasonable.

Judgment

In full view of the following circumstances acknowledged by the lower court and the evidence duly examined and adopted at the first instance court as to the assertion regarding the fraud of 730 passenger cars and the rejection of the return of 750 passenger cars, each of the crimes listed in the judgment 1.