The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, misunderstanding of legal principles and ① the Defendant did not acquire a vehicle from G, but only lent KRW 2 million to G to provide the said vehicle as security.

② Although the Defendant temporarily removed the rear seat of the foregoing vehicle as stated in the lower judgment, it does not constitute the tubes prescribed by the Motor Vehicle Management Act.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. The Defendant has the same assertion as the Defendant alleged in the lower court on the assertion of mistake of facts and misapprehension of the legal doctrine.

The court below rejected the defendant's assertion and its decision.

In addition, the Defendant removed the rear seat of the vehicle as indicated in the judgment of the court below and used the space as goods loading place, and the Defendant removed and used the above rear seat for about five months, and the above rear seat was lost and it cannot be deemed as a temporary removal of the rear seat. Therefore, the Defendant’s act constitutes “the partial alteration of the structure and devices of the vehicle” as stipulated in Article 2 subparag. 11 of the Automobile Management Act, compared with the records of the judgment of the court below, the judgment of the court below is justifiable.

Therefore, the defendant's mistake of facts and misapprehension of legal principles are without merit.

B. As the defendant did not have much value of stolen articles by intrusion on a structure and did not recover damage, the nature of the crime is not weak.

In addition, the purpose of the Korea Automobile Management Act is to promote public welfare by efficiently managing motor vehicles and securing the performance and safety of motor vehicles. Since the defendant violated this, it is necessary to punish him accordingly.

The age, sex, environment, family relationship, motive and circumstance of the crime, circumstances after the crime, etc. of the defendant.