A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

2. The illegality of the instant crime committed by the Defendant, which concealed a vehicle while the Defendant paid only once principal and interest, out of the funds that the Defendant borrowed to purchase a vehicle, is not weak.

However, the defendant took the attitude of recognizing and opposing his mistake from the investigative agency, and agreed to pay 18 million won to the complainant who acquired the claim from the injured party in the past.

Considering the change of circumstances that occurred in the trial of the party, the sentence of the court below that sentenced to the imprisonment for four months is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit. It is so decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 323 of the Criminal Act applicable to the facts constituting an offense and Article 323 of the choice of punishment;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (as examined in the judgment on the grounds for appeal as seen earlier, and as examined below, the positive factors for suspended sentence among the reasons for sentencing are considered)

1. The scope of the recommended sentence that is prescribed in the sentencing guidelines [the scope of the recommended sentence] the scope of the sentence [the scope of the recommended sentence] that is prescribed in the sentencing guidelines for a crime interfering with the exercise of rights, and the scope of the mitigated sentence (from August to August): None of the factors that are subject to mitigation of punishment: None of the factors that are subject to mitigation of punishment [the criteria for suspension of execution]. There are no major positive factors that are not subject to suspended sentence: The general positive factors that are not subject to suspended sentence: The social relation is clear and serious reflection;

2. The circumstances examined in the judgment on the reasons for appeal prior to the decision on the sentence of sentence and above.