The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

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

2. The circumstances leading to the instant crime, such as: (a) the fact that the Defendant, by deceiving a victim non-Esp Capital Co., Ltd. and taking the purchase price of a vehicle, did not pay the loan only once but exceeds a vehicle purchased by only one month, to a third party; and (b) the fact that the crime committed in light of the circumstances leading up to the instant crime, such as the fact that the crime is inferior; (c) the fraud amount is a large amount equivalent to 61 million won; and (d) the fact that the lower court did not take any measures for recovery of damage while having been absent

However, in consideration of the Defendant’s age, character and conduct, family environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, the lower court’s punishment against the Defendant is too unreasonable, as it is too unreasonable, in light of the following: (a) the Defendant led to the confession of the instant crime and is against the depth of the Defendant’s living in custody; (b) there is no record of being punished for the same kind of crime and suspension of execution or more; (c) the victim company took compulsory execution against the Defendant’s living D’s real estate and salary; and (d) the Defendant received reimbursement of approximately KRW 56 million in

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;

1. Article 62 (1) of the Criminal Act suspended execution (Consideration in the front to the defendant's favorable circumstances, etc.);

1. Social service order under Article 62-2 of the Criminal Act;