The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. The crime of this case is an unfavorable circumstance, where the Defendant obtained a loan from the injured party under the pretext of a used vehicle installment loan by making the so-called working loan, and the crime of this case is likely to be criticized by taking advantage of the fact that it is not good to dispose of the vehicle after the loan execution, and that there is a record of being punished by a fine twice due to the same kind of crime.

However, when considering the defendant's age, sex, environment, means and result of the crime, circumstances after the crime, equality with the punishment in the same and similar cases, the court below's punishment is considered unfair because of the fact that the defendant is recognized and against the defendant, the defendant fully compensates the victim for the damage amount in the trial, the fact that there is no record of punishment exceeding the fine, the amount actually reverted to the defendant out of the amount of fraud, the amount of the defendant's family and the person who actually belongs to the defendant is not relatively large, and the defendant's family and the person is able to keep the guidance to the defendant, and the booms the brus.

We accept the defendant's unfair argument in sentencing.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The main sentence of Article 62(1) of the Criminal Act (the most favorable circumstances in determining the above unfair sentencing claim)

1. A number of statements presented in the judgment of the above unfair sentencing grounds for sentencing under Article 62-2 of the Criminal Code of the Social Service Order.