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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds of appeal (the fact-finding) is as follows: (1) the Defendant made a false statement in order to hold the Defendant liable for the instant crime as a staff member of K in charge of lending seven frauds prior to the instant crime; and (2) the Defendant used the money acquired through the instant crime to manage other frauds; (3) the Defendant was aware that the seven previous vehicle mortgage loans were fraud loans; and (4) the Defendant was believed to be normal loans incurred prior to the instant crime after being notified by Hyundai Capital on May 2011; and (4) the Defendant cannot be aware of the facts charged in the instant case, in light of the fact that: (a) B used the money acquired through the instant crime to manage other frauds; (b) there was sufficient funds at the time of the instant crime; (c) there was no motive to commit the instant crime; (c) the Defendant was aware that the instant seven previous vehicle mortgage loans were fraud loans; and (d) the witness did not know about the instant crime; and (d) there was no error in the judgment of the lower court in the judgment of the lower court in view of evidence evidence evidence No. AB, the judgment.
2. Determination
A. As to the instant case’s assertion of mistake of facts, in full view of the following circumstances acknowledged by the court below and the evidence duly adopted and investigated by the court below in addition to the circumstances stated in the court below convicting the Defendant of the facts charged, the court below’s judgment that made a conclusion of mistake of facts is justified and there is no error of law of misunderstanding of facts.
(1) According to whether the Defendant was aware of B’s loan problems at the time of the instant crime, B’s respective court statements made by the original witness B and S, respectively.