The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. Fact-misunderstanding [2016 Highest 4243] After purchasing cargo vehicles with I’s loan and completing transfer registration, the Defendant entrusted L with the operation of the above vehicle on the condition that L pay L with installment payments and insurance premium. Since L did not sell a vehicle to AI without permission and make installment payments, the Defendant did not have the intention to commit fraud.

B. The sentence of the lower court’s improper sentencing (two years of imprisonment) is too unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. On January 14, 2013, the Defendant of this part of the facts charged makes monthly payments to the victim I at H coffee shop located near the Gangnam-gu Seoul Metropolitan Government G Station through J, the husband of the victim, “The victim should obtain a loan to purchase the K Freight, and if the injured party lends his name, he will pay monthly payments from the income accrued while operating the said freight vehicle.

“Around January 10, 2013, the victim believed it had the victim borrow a loan of KRW 95 million under the pretext of loan on the part of the above vehicle (hereinafter “the instant loan”). The Defendant used KRW 90,300,000,000 as the above K truck purchase price, KRW 2.5 million as the introduction cost, KRW 2.5 million as the Defendant’s personal debt, and KRW 2 million as the Defendant’s personal debt, and KRW 5.8 million as the withdrawal in cash.

However, in fact, the defendant purchased the above cargo at the time without examining how it can actually obtain profit from the operation of the above cargo vehicle. On April 2013, the defendant did not verify whether L can obtain profit from the operation of the above cargo vehicle and to pay the installment, and without checking at all whether L can obtain profit from the operation of the above cargo vehicle, and delivered the above cargo vehicle to L, which received approximately KRW 3 million from L, and approximately KRW 200 million for the debt of KRW 20 million, from the damaged person such as having no ability to pay the installment with his own ability.