The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

1. The sentence imposed by the lower court (four months of imprisonment) shall be excessively unreasonable.

2. The crime of this case in full view of the following facts: (a) the Defendant and C conspired to purchase used cars and dispose of them after making installment payments in the name of the Defendant; (b) the Defendant had a victimized company pay the sales proceeds of used cars in lieu of the former used cars; (c) the Defendant did not have any history of punishment before and after, and (d) the degree of the Defendant’s participation in the crime seems to have been weak; (d) the Defendant expressed his intention of not to impose punishment against the Defendant by mutual agreement with the complainant after the pronouncement of the lower judgment; and (e) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime; and (e) the sentence imposed by the lower court against the Defendant

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.

【Reasons for the Judgment of the Supreme Court which has been written] 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 judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Article 62 (1) of the Criminal Act;