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The defendant's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal (the factual error and inappropriate sentencing)
A. Although it was true that the defendant, as stated in the facts charged in this case, had lent the name of the victims and failed to pay the installment according to the promise, he did not pay the installment in the name of the victims. However, since the U and T have promoted the door-to-door distribution business in the future and the above business was no longer promoted, it was impossible to pay the installment by deceit, since there was no intention of the defendant to commit fraud.
(In particular, with respect to the crime against the victim C, it is agreed that the above victim will operate the selective distribution business in which the above victim operated, and the defendant purchased the vehicle to use the selective distribution business by borrowing the victim's name from the above victim and using the vehicle for the selective distribution business, only agreed to pay monthly vehicle installments and to acquire the remaining amount by the victim, and there is no promise to pay the victim's profit per vehicle purchased by borrowing the loan under the victim's name.
The sentence of unfair sentencing (one year of imprisonment) by the lower court is too unreasonable.
2. Determination
A. The following circumstances acknowledged by each evidence duly adopted and investigated by the court below and the court of first instance on the assertion of mistake of facts: (i) the defendant could not obtain a loan under his/her name because he/she was in a bad credit condition at the time of receiving the loan of the instant vehicle in the name of the victims by lending the name from the victims; and (ii) the defendant was liable for approximately KRW 200,000,000,000, such as the failure to pay the paper cup factory (Evidence No. 151 of the evidence record); and (iii) the defendant was able to pay the installments that he/she received in the name of the victims due to the profits accrued from the expansion of the Cheongdong-dong-dong-dong-dong-dong-dong-dong-dong-based business