A defendant shall be punished by imprisonment for not less than two years and six months.

The Defendant paid the lease fee for the food vehicle of this case, which is no longer paid due to the dispute between I and I, and thus, the Defendant did not have any intention to obtain unlawful acquisition or intent to commit an embezzlement. However, the judgment of the court below which convicted the Defendant of this part of the facts charged, is erroneous in the misapprehension of the fact that the judgment of the court below affected the conclusion of the judgment.

In fact, the Defendant was guilty of this part of the crime No. 4 of the crime No. 2012 Highest 3776, and the Defendant actually purchased the instant monitoring consortium, and the investor I did not sell the said vehicle again to recover the investment money by means of the fact that the said vehicle was in his/her own name, which led to the occurrence of a dispute over the obligation problem between the Defendant and the Defendant. Therefore, the lower court erred by misapprehending the fact that the Defendant was guilty of this part of the charges, and thereby adversely affecting the conclusion of the judgment.

The judgment of the court below which convicted the defendant of this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment, even if there was no deception, such as this part of the facts charged, and there was no intent to obtain fraud from the defendant at that time. Even if such deception or the intent to obtain fraud is recognized, the amount of damage is limited to KRW 70 million.

The sentence of unfair sentencing (two years and six months of imprisonment) by the lower court is too unreasonable.

Judgment

Before the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor tried to examine the facts charged in the instant case at the trial, and applied for changes in indictment with the name of the crime "Embezzlement" as stated below, and applied for changes in indictment with respect to the facts charged in the instant case. This court permitted this.