The judgment of the court below is reversed.

A defendant shall be punished by a fine not exceeding 13 million won.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. In full view of the various sentencing conditions shown in the records and arguments of the instant judgment and the fact that the criminal act of the same kind does not constitute imprisonment without prison labor or more, and that the victim of illegal use of automobiles does not want the punishment of the Defendant, the lower court’s punishment is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they shall be quoted by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 331-2 of the Criminal Act for the crime concerned, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;