A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

A. In light of the various sentencing conditions of Defendant 2, the lower court’s imprisonment (ten months of imprisonment) against Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. In light of the following: (a) the Defendant’s assertion on the judgment of the Defendant and the Prosecutor together; (b) the instant crime was committed with the Defendant’s concealment of four vehicles subject to the right to collateral security in the name of the victim in a situation where the Defendant had a total of KRW 250,000,000 to the principal and liability of the victim; and (c) the nature of the crime is bad; and (d) the victim’s damage has not been recovered,

However, in full view of the following: (a) the Defendant recognized the instant crime when it comes to the trial; (b) the Defendant paid KRW 30 million to the victim and agreed with the victim on the condition that the remainder is repaid in installments when it comes to the trial; (c) there was no criminal conviction for the Defendant; and (d) there was no serious criminal conviction for the last 20 years; and (e) other various sentencing conditions in the records and arguments, such as the Defendant’s age, family environment, and circumstances before and after the commission of the offense, the lower court’s punishment against the Defendant is somewhat unreasonable.

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

(Inasmuch as the original judgment is reversed, the prosecutor’s appeal shall not be dismissed separately). The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the original judgment, and thus, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;

1. The Criminal Act, the suspension of execution;