The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. The defendant provided another person with a vehicle owned by him as security or disposed of a mortgaged vehicle, and the fact that the nature of the crime is not weak in light of the method of the crime and the amount of damage, and that the agreement with the victim of the crime of obstructing the exercise of rights is disadvantageous to the defendant.

However, in full view of all the circumstances, including the confessions of all the crimes of this case, the aggravation of the business operated by the defendant and the circumstances leading to each of the crimes of this case, and the victim expressed his intent not to be punished by the defendant by agreement with the victim of embezzlement at the time of the trial, the defendant has no record of the same crime, support for his family members, the defendant's age, sexual conduct, environment, motive, means and consequence of the crime of this case, and other circumstances that form the conditions for sentencing as shown in the arguments of this case and the records, such as the circumstances after the crime, etc., the court below's punishment is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 355(1) of the Criminal Act, Article 355(1) of the Criminal Act (the point of embezzlement), Article 323 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The basic area (6 months to one year) of the grounds for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 (1) of the Act on the Aggravated Punishment of Concurrent Crimes (Interference with Exercise of Rights) (the scope of recommended punishment) is the basic area (6 months to one year).