The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the sentence of the lower court (two years of suspended execution for six months of imprisonment, and one hundred and twenty hours of community service) is too unreasonable;

2. The fact that the amount of damage caused by the instant crime is not significant is an element of sentencing unfavorable to the Defendant.

However, the Defendant recognized the instant crime and reflects, and the Defendant already paid KRW 49,483,203 of the instant vehicle price of KRW 67,90,00,00 at the time of the instant crime, and the instant vehicle was sold at the time of the trial for the first instance, and the damage equivalent to the said amount was recovered as the victim received approximately KRW 16,90,000 as the instant vehicle was sold by public auction, and the Defendant did not have any other criminal record, in full view of the sentencing factors favorable to the Defendant and other various sentencing conditions indicated in the instant records, the lower court’s sentencing against the Defendant is unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act on Criminal Facts and Article 355 (1) of the multiple-choice Punishment Act;

1. Articles 70 and 69 (2) of the Criminal Act concerning confinement in a workhouse;