The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The defendant does not pay the above fine.

1. Summary of grounds for appeal;

A. The Defendant had no intention or intention of unlawful acquisition of the instant vehicle.

(b) Original decision of unfair sentencing ( a fine of five million won);

2. An ex officio determination prosecutor filed an application for changes in indictment with respect to the thief in the facts charged in the instant case, including “illegal use of automobiles” under the name of the crime, “Article 331-2 of the Criminal Act” under the applicable provisions of the Act, and “application for changes in indictment with respect to the facts charged as indicated below, and this court convicted of selective addition of the facts charged as follows. As such, the judgment of the court below cannot be maintained.

3. In conclusion, the court below's decision is reversed ex officio and it is again decided as follows, without examining the defendant's grounds for appeal, as long as the court below found the defendant guilty of selective charges subject to the trial only at this court. Thus, the court below's decision is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, and it is decided as follows.

[Discied Reasons for the judgment] The crime history;

1. Around 00:04 on April 6, 2019, the Defendant illegally using a motor vehicle: (a) carried the victim D’s tea at the front parking lot of the C industrial company located in Yangju-si B; (b) opened and opened a white flock vehicle in front of the C industrial company located in Yangju-si; and (c) returned the car ki, and (d) driven approximately KRW 700 meters without the victim’s consent.

Accordingly, the defendant used another person's automobile temporarily without the consent of the right holder.

2. From April 18:30 on April 5, 2019, the Defendant: (a) followed the beer and the beer 2 disease in the header located in the F located in Yangju-si; (b) around 00:04 on April 6, 2019, around 700 meters away from the victim’s EF car at the front parking lot of the C industry company located in Yangju-si B to G at Yangju-si.