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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. On January 1, 199 of the facts stated in the judgment of the court below, the defendant introduced the victim E to obtain a loan as security, but did not commit deception against the above victim on the ground that the defendant would make a loan of KRW 30 million or would make an installment payment on behalf of the vehicle.
Nevertheless, the judgment of the court below that found this part of the facts charged guilty is erroneous by mistake of fact that affected the conclusion of the judgment.
B. The lower court’s sentence against an unfair defendant in sentencing (eight months of imprisonment) is too unreasonable.
2. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding the assertion of mistake of fact: (i) the victim E obtained a loan of KRW 30 million from the Defendant around February 2, 2014 at the investigative agency and the court of the lower court; and (ii) upon the Defendant’s request, the victim E proposed that “as the Defendant purchased the vehicle under the name of the party with a lower credit rating, and then paid the installment at least three to four times, the credit rating will rise, and at that time, obtain a business loan from the bank under the name of the party and the name of the party.”
When a loan of KRW 30 million is granted to the defendant, 10% of the loan was given to the defendant at a 10% of the loan, and the defendant purchased a car car on the car sale on the part of the defendant and borrowed KRW 15.7 million from the Hyundai Capital to 36 months. The defendant promised to "I do not know about whether installment is responsible for and payable to him."
A specific and consistent statement was made to the effect that the Defendant carried out the vehicle after delivery, but the Defendant did not pay the vehicle installments, and that the Defendant did not obtain the business operator registration in his own name or obtain the business operator loan (the trial record 155-15-15, 2015, 841, 62-63, 109-110, 200). The Defendant met with the victim E at the time of the instant case.