The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the amount of a vehicle or loan purchased from the victims of mistake of facts was acquired by the J, K, L, M, etc., which introduced and dealt with illegal loans to the defendant, the defendant cannot be deemed to have taken property benefits by deceiving the victims, and the crime of fraud is not established, the court below which convicted the defendant of the facts, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.

2. Determination

A. 1) First of all, the argument of mistake of facts regarding fraud against Hyundai Capital Co., Ltd.: (a) in a case where, although the borrower is not the actual purchaser of the automobile, he prepared the relevant documents, such as an application for loan in its name, as if he actually purchased the automobile in installment form, and then submitted it to the installment financing company and received the loan from the company for installment financing; (b) if he was aware of the circumstances that the borrower applied for the installment financing loan with the intent to lend the vehicle in his name without the intention to purchase and hold the vehicle, he did not implement the installment financing loan; (c) in light of the principle of trust and good faith, the borrower is obligated to notify the circumstance that he would make the installment financing company raise funds by means of the installment financing loan without the intention to purchase and hold the vehicle in advance; and (d) however, the act of having requested the installment financing without notifying the fact that he would be notified, thereby deceiving the installment financing company, which is a party to the transaction (see, e.g., Supreme Court Decision 2004Do383, Apr. 28, 2009).