The judgment below

The remainder, other than the dismissed part of the application for compensation, shall be reversed.

The defendant shall be sentenced to six months of imprisonment.

1. The sentence of the lower court (six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The crime of this case in light of the method of crime, the amount of damage, etc., by deceiving the victim while selling a heavy vehicle, is not sufficient for the crime to be committed by deceiving the victim with a considerable amount of money.

However, in full view of various circumstances, including the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., the sentencing of the lower court is too unreasonable, taking into account the following circumstances: (a) the Defendant’s mistake was recognized as a whole, and thus, would not prevent such mistake; and (b) the agreement with the victim was reached at the time of the trial; and (c) the Defendant’s age, sex, environment, motive and circumstance of the crime

3. As such, the defendant's appeal is with merit, and the part of the judgment below which excludes the dismissal of application for compensation among the court below's decision pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and it is decided again through pleading as follows.

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

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Prior to the grounds for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 2006).