The judgment of the court below is reversed.

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

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

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (the imprisonment of eight months, the suspension of the execution of two years, and the community service 200 hours) is too unreasonable.

Judgment

While the defendant received and retained the victim's vehicle in order to use the vehicle in performing his/her duties, he/she arbitrarily provided the vehicle as security while borrowing KRW 30 million from the third party.

When the defendant paid the installment payment of the above vehicle, he did not pay the installment payment on the idea that he would substitute the payment of the monthly salary that was not received from the injured party, and the victim also paid the installment payment (Article 2, No. 8, No. 4). The victim did not pay the installment payment to the defendant. The victim did not pay the monthly salary to the defendant.

No data recognized by the injured party shall be submitted.

When the suspended sentence of imprisonment is finalized, the defendant is likely to suffer difficulties in his/her work.

On June 2017, the above vehicle (SS 460) was disposed of by public auction in the amount of KRW 9.66 million for the bid price of KRW 9.6 million and was appropriated for the delinquent national taxes, etc. (the reference materials for the victim on September 28, 2017, and the Defendant’s newspaper record date on the fourth trial date). Meanwhile, the Defendant denied by the third trial date on the date of the fourth trial of the trial of the party, and the Defendant withdrawn the grounds for appeal for mistake of facts and misapprehension of legal principles, and opposed thereto.

was stated.

The Defendant deposited 4 million won at the trial of the party in order to recover the damage of the injured party (attached to his defense counsel’s written opinion on October 24, 2017). The Defendant is supporting his/her father and mother, carrying out his/her activities as a reporter, and performed volunteer activities with non-profit foundation (referring to reference materials on September 28, 2017). The scope of the recommended punishment according to the sentencing guidelines is as follows.

[Scope of Recommendation] Class 1 (Scope of Punishment less than 100 million won) basic area (whether suspended sentence is suspended from execution from April to January 4) / Major Reasons for Consideration: negative (unagreement): The above positive (resumed recovery of partial damage).