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The part of the judgment of the court below of first instance and the judgment of the court of second instance against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor of two years and four months.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) 1’s assertion of mistake of facts (No. 1) regarding the fraud against Defendant C, the Defendant had the intent and ability to lease the cargo vehicle after purchasing the cargo vehicle for C. (2) With respect to the fraud against I, the Defendant did not promise I to transfer the ownership of the cargo vehicle to I, and had the intent and ability to repay KRW 3 million with the borrowed vehicle. (3) With respect to the fraud with Defendant R, the lower court acquired three vehicles listed in the facts charged (hereinafter “each of the instant vehicles”).
(4) In relation to the violation of the Automobile Management Act, the Defendant did not transfer each of the instant vehicles to his name, but only lent it with or without compensation to his third party. Even if the Defendant transferred each of the instant vehicles, the Defendant purchased the instant vehicles, and thus does not constitute “the transferee of the instant vehicle.” (5) As to the fact of the fraud with AG, the Defendant was planned to use the vehicle for corporate business, but did not have the intent to commit fraud. (2) As to the fact of using the vehicle for corporate business, the Defendant was planned to use the mobile phone at his own discretion, and there was no intention to commit fraud. (3) As to the Defendant’s assertion of unfair sentencing, each of the punishment (No. 1: imprisonment with prison labor for April and No. 2: imprisonment with prison labor for two years) sentenced by the lower court against the Defendant.
B. As to Defendant R 1’s assertion of mistake of facts ① fraud, the Defendant only mediated a secondhand trading to X upon Defendant A’s request and did not intend to commit fraud or fraud.
② In relation to the violation of the Automobile Management Act, the Defendant is merely a broker for the purchase and sale of a vehicle X for Defendant A, and the transfer of ownership is required to be registered in the name of the Defendant.