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The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Reasons
1. The gist of the grounds for appeal is that the Defendant only delivered documents to C as the father Q Q did, and there was no omission in the instant crime.
Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
2. Determination
A. According to the evidence duly adopted and examined in the judgment of the court below as to the grounds for appeal by the defendant, the defendant knew all the circumstances of purchasing and distributing the vehicle without the intention or ability to operate the vehicle. However, it can be sufficiently recognized that the defendant deceivings Hyundai Capital Co., Ltd. and received KRW 18 million under the pretext of installment loans by inducing the victim Hyundai Capital Co., Ltd. through the introduction of the network Q, and preparing and delivering the loan application. Accordingly, the defendant cannot be exempted from the criminal liability as an accomplice. Thus, the above argument by the defendant is without merit.
B. An ex officio determination: (a) ex officio, however, the first offender who has no record of criminal punishment for the defendant; (b) the degree of the defendant’s participation in the crime appears to be relatively minor; and (c) the circumstances leading to the defendant’s crime of this case may be somewhat considered in light of the relationship with the net Q, etc.; and (d) other factors such as character, conduct, age, environment, family relationship, motive and circumstance of the crime of this case; (b) the degree of participation in the crime; (c) equity in punishment among accomplices; and (d) the circumstances after the crime of this case, etc., the sentence imposed by the court below is unreasonable.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act on the ground that the above ground for ex officio reversal is established, and it is again decided as follows.
Criminal facts
this Court recognizes the substance of the evidence and the summary thereof.