The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (2.5 million won) is too unreasonable.

2. An ex officio determination prosecutor shall apply for the amendment of an indictment to the effect that the facts charged in the instant case are recorded as follows, and the name of the crime is “thief” from “disorder with exercise of rights” to “thief,” and the applicable provisions of the Criminal Act are changed from “Article 322 of the Criminal Act” to “Articles 329 and 37 Articles 39(1) of the Criminal Act,” and this Court permitted the amendment, and the subject of the adjudication was different from the original judgment. Therefore, the lower judgment cannot be maintained in this respect.

On March 9, 2017, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, etc. at the Daejeon District Court on January 9, 201, and the said judgment became final and conclusive on March 17, 2017.

On February 17, 2016, the Defendant borrowed KRW 4,750,00 from the injured party B in the middle-gu L, Daegu, and delivered the front car to the injured party as collateral at the market price registered in the name of the Defendant’s wife C. On March 20, 2016, the Defendant: (a) discovered the said car which was parked on the side of the operation of the middle-gu, Daegu, the 129 Incheon, a new apartment; (b) opened a door of the said car with a preliminary key in which the Defendant was in possession of the injured party; and (c) cut off the said car.

[....]

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, since there is a ground for reversal ex officio as above, and the judgment below is reversed, and it is again decided as follows.

[Grounds for the new judgment] The facts charged in Section 2 of the Criminal Act are as stated in the revised facts charged.

Summary of Evidence

1. The defendant's oral statement in court;

1. Statement made by the police for B and E;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (referring to telephone conversations between a witness E and the F counterpart of telephone conversations), and report internal investigation (referring to attachment of F copy of contract);

1. Relevant provisions of the Act concerning facts constituting an offense;