The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

In the beginning of misunderstanding of facts or misunderstanding of legal principles, the Defendant agreed to repair a vehicle within the scope of KRW 3 million with the victim E, and accordingly, did not replace the parts that can be repaired or used using the used parts. However, the lower court convicted the Defendant of the facts charged in this case, which erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

The sentence of the court below's decision on unfair sentencing (2 million won of fine) is too unreasonable.

Judgment

Before the judgment on the grounds for appeal of ex officio determination, the prosecutor examined ex officio prior to the judgment on the grounds for appeal of ex officio determination, and the prosecutor deleted “23,200 won in the facts charged in this case’s case’s “the value of the new good with respect to the quota panel (department 1,142,300,” and applied for changes in the indictment with “total amount of KRW 909,100,00,” and since this court permitted this, the judgment of the court below was no longer maintained in this respect.

However, despite the above reasons for ex officio reversal, the defendant's assertion of misunderstanding of facts or misapprehension of legal principles as to the previous facts charged is still subject to the judgment of this court.

The following circumstances are acknowledged according to the judgment of the court below and the evidence duly adopted and examined by the court below as to the grounds for appeal.

The Defendant asserted that the vehicle was repaired according to a quotation at the time of the initial investigation by the investigative agency, but only after checking the difference between the number of parts in the vehicle and the number of parts in the estimate, the vehicle repair cost is reduced.