The prosecutor's appeal is dismissed.

1. On August 23, 2008, the summary of the facts charged in the instant case stated that “The Defendant would purchase a vehicle at a low price on the face of the vehicle and offer the proceeds therefrom to the victim at the third secretary of the operation of the victim D, which is located in Scheon-si C, and then repair it cleanly.” Furthermore, the Defendant stated that “The Defendant would sell the vehicle at the low price on the face of the vehicle and offer the proceeds therefrom.”

However, even if the defendant receives money from the victim for the purchase of the vehicle, he did not have the intention or ability to pay the proceeds to the victim by selling it.

Nevertheless, on August 23, 2008, the Defendant, by deceiving the victim as above, received 3 million won from the victim to the Nonghyup Bank account in the name of the Defendant’s wife on August 23, 2008, and acquired 94.3 million won in total from the victim on September 30, 2008 as shown in the attached crime list from that time to September 30, 2008.

2. Summary of grounds for appeal;

A. Compared to the purport that the victim of mistake of facts has not received any transfer of a vehicle from the defendant or any distribution of proceeds from the sale of a vehicle in heavy weight even though 94,30,000 won was provided to the defendant ten times a month in total for the purchase of the vehicle in heavy weight.

In addition, it is difficult to view that the defendant used all the above money received from the victim for personal purposes, and actually used it to purchase a high-ranking vehicle.

Nevertheless, the judgment of the court below which acquitted the Defendant of part of the above 94.3 million won, on the ground that the Defendant actually used the money for the purchase of the second class on the pretext of its delivery, is erroneous in the misapprehension of the judgment of the court below which affected the conclusion of the judgment by misunderstanding the facts.

B. The sentence imposed by the lower court (one year of imprisonment) is too uneased and unreasonable.

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