The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant’s depth reflects on the Defendant, that the instant crime was not planned, and that the economic situation of the Defendant is very difficult, the sentence (one million won) imposed by the lower court is too unreasonable.

B. In light of the fact that the prosecutor had five previous times of fine for the defendant, and that the crime of this case resulted in a serious damage to the victim company, and that there was no agreement with the victim company, the sentence sentenced by the court below is too uneasible and unfair.

2. We also examine the argument that the Defendant and the prosecutor’s sentencing are unfair.

The Defendant, using an information and communications network, destroyed the reputation of the victim company, and did not agree with the victim company until the party is in trial.

On the other hand, the Defendant reflects the instant crime in depth and was punished heavier than the fine.

Unlike the initial agreement, the Defendant appears to have committed the instant crime by littlely responding to the continuous demand for implementation as it was unable to arrange the “transport contract for shipping the LG’s freight to the area of Gangwon Seocheoncheon,” and thus, committed the instant crime.

The Defendant, who received a loan to difficult circumstances, purchased the instant cargo vehicle, but did not arrange the freight transport contract, thereby resulting in considerable economic loss.

In addition, considering all the sentencing conditions in the records and arguments of this case including the defendant's age, sex, environment, motive, means and result of the crime, including favorable or unfavorable circumstances to the defendant, the sentence of the court below against the defendant is deemed unfair due to the reason that the sentence of the court below is unfair.

3. In conclusion, the prosecutor's appeal is without merit and the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading (the prosecutor's appeal is filed)