The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. In light of the circumstances leading up to the instant crime, such as deceiving Hyundai Capital Co., Ltd. by deceiving the victim Hyundai Capital Co., Ltd. without the intention of purchasing and using vehicles from the beginning, and transferring the vehicle purchased only through a third party, the fact that the nature of the crime was inferior, the amount of fraud is a large amount equivalent to 35.2 million won, and the proper measures to recover damage was not taken until the trial, in addition to the promise to repay the vehicle in installments, and the fact that there was a history of criminal punishment already imposed on the part of the victimized Co., Ltd. is disadvantageous to the Defendant.

However, in light of all the sentencing conditions indicated in the records of the instant case, such as the Defendant’s age, character and conduct, family environment, motive, means and consequence of the instant crime, etc., the lower court’s punishment against the Defendant is somewhat unreasonable.

3. The decision of the court below is reversed in accordance with Article 346(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;