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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was in the same business relationship with the victim, but the Corporation was not able to pay the vehicle price or installments due to the industrial accident, and there was no intention to acquire the vehicle by fraud.
B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (two months of imprisonment, two years of suspended execution, two years of community service, 120 hours) is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the court below and the court below's decision on the assertion of mistake of facts were duly adopted and investigated by the evidence, the defendant was in bad credit standing at the time, and the defendant was not sufficient to use approximately KRW 2.8 million of the vehicle delivery deposit refunded to the victim's name from E, an automobile business operator, as wages, for the employees who are not the cost of moving the vehicle. Even if the defendant's argument is based on the defendant's argument, the business was an uncertain business to the extent that the amount of KRW 10 million is to be caused by the enemy, and the defendant eventually failed to pay the installments in addition to the one-time payment, and the name of the vehicle was not transferred, the defendant could fully recognize the fact that the victim acquired the vehicle by deceiving the victim without the intention or ability to pay the vehicle price or installments on behalf of the victim.
B. It is recognized that the Defendant has no criminal power to punish the Defendant for the same offense, and that the Defendant has not already returned the instant vehicle, but did not recover the damage up to the trial. The victim does not seem to have made efforts to recover damage. The degree of damage is not significant, such as the Defendant’s seizure of house by committing the crime, and all the arguments in the instant case, including the character and conduct of the Defendant, the environment, the background of the instant crime, and the circumstances after committing the crime.