The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

1. Summary of grounds for appeal;

A. In light of the fact-misunderstanding and legal principles that the Defendant is only an accomplice in B, who is the owner of the instant vehicle, and therefore, if the crime is not established against B, the Defendant cannot be punished as an accomplice, and that B merely obtained a disposition of suspension of indictment with respect to the instant crime and made a statement to the effect that he was unaware of the Defendant’s act in the police investigation, it cannot be deemed that the Defendant constitutes an accomplice in the crime of interference with the exercise of rights. Thus, the lower court found the Defendant guilty of the instant facts charged in the instant case in violation of misunderstanding of facts

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Before the judgment on the grounds of ex officio appeal, the prosecutor examined ex officio, and the prosecutor, at the trial court, maintained the existing facts charged as the primary facts charged, and applied the applicable provisions of the law as "Article 355 (2) of the Criminal Act", and applied for the amendment to a bill of amendment to which the facts charged are added as follows. Since this court permitted this, the judgment of the court below was no longer maintained in this respect.

However, despite the above reasons for reversal of authority, the defendant's assertion of mistake and misunderstanding of legal principles as to the primary facts charged is still subject to the judgment of this court, and this is examined.

“Around April 14, 201, the Defendant purchased Drocketing car in the name of Hyundai Motor Agency in C in the name of the de facto marital relationship, and borrowed KRW 26 million from the Plaintiff’s Hyundai Capital Co., Ltd. with the Defendant as the joint surety, and appropriated the purchase price for the said car to the purchase price for the said car, and the said security was paid to the said car registered in the name of B on April 15, 201 as the mortgagee’s Hyundai Capital Co., Ltd. and bond value KRW 26 million.