The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. Before the judgment on the grounds for appeal ex officio, the case was examined ex officio prior to the judgment on the grounds for appeal of ex officio, and when the prosecutor was in the trial of the case, the name of the crime concerning the larceny in the facts charged of this case is "Embezzlement" from "Embezzlement" to "Article 329 of the Criminal Act" to "Article 35 (1) of the Criminal Act", and the applicable provisions of this case are "Article 355 (1) of the Criminal Act" to apply for an amendment to the amendment of indictment with the contents of the facts charged as

【Revised Indictment】

1. The Defendant is a driver of a car with H sports S 560 Mabro, the market value of which is equivalent to KRW 234,410,170 used by G as an executive officer under a lease by the victim E Co., Ltd. from F Co., Ltd. for business purposes.

On May 15, 2019, the Defendant came to know of the fact that G was going to a foreign business trip from the 16th to the 22th day of the same month, and he used the gap that G was not in Korea to leave the said vehicle as security to the lender and borrowed money to use it for gambling funds.

On May 16, 2019, the Defendant borrowed KRW 10,000,00 from a borroweder under his name in the vicinity of the building in Gwanak-gu in Seoul Special Metropolitan City to the Incheon Airport, and occupied the said vehicle for the purpose of security at around 16:40 on the same day while the Defendant kept the said vehicle and its keys for the victim.

Accordingly, the defendant embezzled the victim's property.

3. The court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

【Reason for the Judgment of the Supreme Court】 Facts constituting a crime and summary of evidence recognized by the court, and summary of evidence, the second instance of the judgment below.