A defendant shall be punished by imprisonment for six months.

A. The Prosecutor’s sentence of the lower court (a fine of five million won) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The crime of this case, although there is no intention or ability to pay the installment of the vehicle purchase fund, was taken out from the beginning the vehicle, and the victim Hyundai Capital Co., Ltd. was deceiving the lender under a plan to borrow a certain amount, and the nature of the crime is not good, and the amount obtained by deception through the crime of this case is not more than 13 million won, even though one year and nine months have passed since the crime of this case, and there was no effort to recover damage and not even endeavor to recover damage. In full view of all the sentencing conditions indicated in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive leading to the crime of this case, and circumstance before and after the crime, etc., the court below's punishment is deemed to be inappropriate because it is somewhat unreasonable, even considering the fact that the defendant reflects his mistake.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

(3) Article 369 of the Criminal Procedure Act provides that “The defendant’s appeal shall not be dismissed, unless the defendant’s appeal is justified, and the judgment of the court below is reversed by accepting the prosecutor’s appeal.” The summary of the facts constituting an offense and the evidence is identical to the facts of the judgment below, and thus, the summary of the facts charged and the evidence

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (Fraud and Selection of Imprisonment);