The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Fact-misunderstanding (not guilty portion of the judgment of the court below) the Defendant’s act of selling the said vehicle by itself without notifying the victim of the change of mileage after replacing the meter of the Ebera cruise car and changing the mileage, constitutes deception, and the Defendant is also aware of the criminal intent of deceptiveation.

Nevertheless, there was a criminal intent of deceiving the victim or deceiving the defendant.

On the ground that it is difficult to see this part of the facts charged, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (two million won in penalty) is too unhued and unfair.

2. Judgment on the assertion of mistake of facts

A. Of the facts charged in the instant case, the Defendant, at around 17:00 on March 16, 2016, sold the E-V cruise car from “H” located in Suwon-gu, Suwon-si, Suwon-si, to the victim F, and falsely stated the odometer of the said car as if the odometer was 100,068km.

However, the odometer was changed from 131,595km to 100,068km through D.

The Defendant deceivings the victim as above and transferred KRW 20,400,000 to the Agricultural Cooperative Account in the name of the Defendant on the same day from the victim as the purchase price for the said car.

Accordingly, the defendant was given property by deceiving the victim.

B. In full view of the facts and circumstances as stated in its reasoning, the lower court determined that the Defendant sold the odometer by changing the mileage to 100,068km of the said vehicle by reliance on the fact that the actual odometer of the instant vehicle for the E-be-Sa-Sa-Sa-Sa-Sa-Sa-Sa-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S