A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the period of two years from the date the above judgment becomes final and conclusive.

A. In fact-finding or legal principles 1) At the time when a person who was unaware of the name of a false person was able to take a F. F. Dried vehicle purchased under the name of the defendant (hereinafter “instant vehicle”), the defendant was unaware of the fact, and thus, the defendant judged it as a theft and filed a theft report. Thus, the defendant did not make a false report, and the defendant did not have any intention to commit a false crime against the defendant.

2) The Defendant was stolen of the instant vehicle.

I think, I would like to claim for the theft insurance money of this case against the employee of the Modern Commercial Reinsurance Co., Ltd. (hereinafter referred to as the "victim Co., Ltd."), and there was no intention to obtain insurance money from the defendant.

B. The punishment sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.

A) On September 2014, the Defendant purchased a vehicle from a name-free lender who became aware of through a “G” website at around the Internet site, and received a loan as security, and tried to receive a loan by such method.

B) On October 14, 2014, the Defendant purchased the instant vehicle from Q Q from an employee of the I agency in P in P in P in P in total, KRW 38,145,00. Of them, KRW 8,145,00, the Defendant concluded a sales contract with the said borrower to pay KRW 30 million upon receipt of remittance from the said borrower, and entered into a sales contract with the remainder of KRW 30,000 upon receipt of transfer from the said borrower (Evidence No. 2, 49, 62, 64, c, of the evidence record) that the Defendant received delivery of the instant vehicle from the said agent on October 15, 2014, and received delivery of the instant vehicle from the said borrower.

At that time, the above lending business entity sent to the defendant a bitr.

After checking the defects of the vehicle, 25 million won of the loan is confirmed.