A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

2. The fact that it is difficult to say that the defendant's criminal method is good, and that the damage recovery is not achieved, etc. are disadvantageous to the defendant.

However, the fact that the defendant has no criminal records of the suspension of execution or heavier punishment, and that the defendant is against the defendant and does not repeat the crime is favorable to the defendant.

In this context, considering the various circumstances shown in the records and arguments such as the character, career, family relationship, etc. of the defendant, the sentence imposed by the court below against the defendant is somewhat inappropriate.

3. As such, the defendant'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.

Criminal facts

The summary of the facts constituting a crime and evidence acknowledged by this court is as follows. The summary of the judgment of the court below is that "the defendant is a person who actually runs D (State) and entered into a lease contract with the victim Hyundai Capital Co., Ltd. with the victim in the name of Hyundai Capital Co., Ltd. in the name of the above D (State) at the 177-4 Doo-dong Modong-dong 1777-4 around November 5, 2010, since it is listed in each corresponding column of the judgment of the court below as stated in the corresponding column of the Criminal Procedure Act."

Application of Statutes

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 (1) of the Election of Imprisonment or Imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of favorable circumstances in the front);