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The defendant's appeal is dismissed.
All the costs of the original judgment and the trial shall be borne by the defendant.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.
2. The judgment is the circumstances favorable to the defendant, such as that the defendant has no record of punishment for the same kind of crime, that the defendant who has inconvenienceed body appears to have committed the crime of this case due to the lack of economic circumstances at the time, and that his mistake has been divided and reflected in the trial.
However, the defendant has a majority of the records of criminal punishment such as imprisonment with prison labor due to other crimes, and the crime of this case is not good in the quality of the crime, such as deceiving Hyundai Capital Co., Ltd., by deceiving the victim, acquiring money as the price for vehicle purchase, and arbitrarily disposing of the vehicle, etc., and the damage suffered by the victim due to the crime of this case is reasonable, and the damage is not recovered to the present time, and in full view of all the sentencing conditions such as the defendant's age, environment, character and conduct, it is difficult to view the sentencing of the court below too too
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit, and is dismissed in accordance with Article 191 (1), Article 190 (1) and the main sentence of Article 186 (1) of the Criminal Procedure Act on the grounds that the defendant bears the costs of lawsuit at the original
[However, Articles 70(1) and 69(2) of the Criminal Act in the application of the laws and regulations in the holding of the court below are clear that the phrase “Article 70(1) and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014)” is a clerical error in Article 70 and Article 69(2) of the former Criminal Act. Thus, it shall be corrected ex officio pursuant