Defendant shall be punished by a fine of KRW 10,000,000.

The defendant does not pay the above fine.

A. The Prosecutor’s sentence of the lower court (7 million won in penalty) is too unhued and unreasonable.

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

2. The judgment appears to be contrary to the Defendant’s recognition of the instant crime, and the fact that the instant vehicle appears to have been recovered on September 21, 2016, and that the Defendant did not have the same criminal record is the circumstances favorable to the Defendant.

However, the fact that the value of the vehicle which the defendant refused to return exceeds 20 million won, and the defendant did not comply with the request for return of the vehicle by the victim due to false words such as gathering the already deceased mother's mother at the hospital, and that the defendant does not cooperate in the investigation process, and the nature of the crime is bad, the crime is not agreed with the victim, the defendant did not appear at the court of first instance, even though he was detained due to his failure to attend the court during the court of first instance, and the attitude of the court of appeal in the trial such as being served with the summons of the defendant and being absent at the court of first instance, and the fact that the defendant appears to have failed to perform it until the appellate court sentenced to additional repayment at the court of first instance, is disadvantageous to the defendant.

In full view of the above circumstances and the Defendant’s age, sex, environment, motive and background of the crime, and various sentencing conditions as shown in the instant records and arguments, etc., the sentence imposed by the lower court is somewhat unreasonable.

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 after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;