The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

[Judgment on the Grounds for Appeal] Summary of the Grounds for Appeal (compactingly unfair) Sentencing by the lower court (two months of imprisonment) is too unreasonable.

However, in order to raise entertainment expenses, etc., the crime of this case committed by the Defendant was embezzled by offering a car with a car equivalent to KRW 43,500,000,00 from the victim C as a security. In light of the content, motive, amount of damage, etc. of the crime, the crime of this case is disadvantageous to the Defendant, such as the fact that the crime is not good.

However, considering the fact that the victim returned the above car from the creditor of the defendant in the court below, that the defendant agreed to pay one million won to the victim in the trial, that the victim expressed his intention not to want the punishment against the defendant, that the defendant was the first offender, that the defendant recognized the mistake, that the defendant was living in custody near the three months in this case, that he had the time of his deliberation while living in custody, and all other circumstances that form the conditions for sentencing in this case, the sentencing of the court below is too unreasonable.

Thus, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Grounds for the judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 3

Application of Statutes

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;