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

However, for a period of two years from the date this judgment becomes final and conclusive.

2. It is recognized that the Defendant, among the facts charged in the instant case, acquired property by means of electronic records writing in relation to the fraud, and that the Defendant committed the instant crime by impairing the central line with regard to the point of non-measures after the accident among the facts charged in the instant case.

However, in full view of all the circumstances such as the Defendant’s age, environment, occupation, family relationship, background leading to the instant crime, circumstance after the crime, etc., the sentence imposed by the lower court is unreasonable, and the Defendant’s sentence is unreasonable, taking account of the following: (a) the Defendant’s consent with the Hyundai Capital Co., Ltd., the Defendant wanted the Defendant’s wife; (b) the victim F appears to have recovered the vehicle in relation to the embezzlement; and (c) the damage was recovered by dealing with insurance after the accident; and (d) the Defendant’s age, environment, occupation, family relationship, and other

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 decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence are the same as the corresponding part of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 347 (1) of the Criminal Act concerning criminal facts, Article 232-2 of the Criminal Act, Articles 234 and 232-2 of the Criminal Act, Article 35 (1) of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of embezzlement), Articles 148 and 54 (1) of the Road Traffic Act, and choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act with regard to suspended execution;

1. Social service order under the Criminal Act;