The prosecutor's appeal is dismissed.

1. In full view of the summary of the grounds for appeal (misunderstanding of facts) in the investigation agency of I, and the entry of the record of checking the performance and condition of used cars in J prepared, there is a possibility that the Defendant prepared a false record of checking the performance and condition of used cars, which the Defendant issued to I, and even if the true record was made, the Defendant appears to have notified the status of the vehicle as if it was more favorable than the actual performance and condition of the vehicle. Therefore, the lower court erred

2. Determination

A. According to the evidence duly admitted and examined by the lower court, the following circumstances are recognized.

① The Defendant, as a sales salesperson of used cars, issued a ledger of the performance and condition inspection of used cars prepared on January 12, 2015, when arranging the instant vehicle transaction, which is the goods held by Oblus Co., Ltd., to the buyer.

(2) Among the records of inspection of the performance and condition of used motor vehicles issued by the defendant, the phrase "(17) motor vehicle condition indication" means that various parts of the distance between strings have been exchanged.

“(19) The words “(19) gold, adjoining repair and exchange” column has been accepted by “c constituent members, wheelchairs, comprehens, vary panel, Larbar panel, and Tousc plar.”

The phrase "(20) the opinion of the special engineer and inspector" is written as "after the end of the year".

③ On November 28, 2014, the Defendant: (a) checked the history of the instant vehicle’s accident on the day of sale; (b) confirmed that the instant accident occurred on November 28, 2014; (c) paid KRW 2,987,00 at the repair cost; and (d) notified I of the fact; (c) after having taken over the instant vehicle, I inquired of the history of the accident in the Storia, I was found to have paid approximately KRW 12 million.

(b) Article 80 subparag. 7 of the Automobile Management Act shall perform and state the structure, devices, etc. of a motor vehicle in violation of Article 58(1) of the same Act.