The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The decision of the court below on the gist of the reasons for appeal (6 months of imprisonment) is too unreasonable.

2. The crime of this case in which the defendant did not have the intent or ability to repay the principal and interest of the loan, and purchased a vehicle with a loan equivalent to the purchase price of the vehicle from the victim company, and then disposed of the vehicle within a short period and commercialized it, and acquired money borrowed from the victim company by fraud. The crime of this case is not likely to be committed.

Even though the amount of damage is considerable, the damage has not yet been restored.

Considering these circumstances, criminal punishment for the defendant is inevitable.

However, considering the following factors in light of the Defendant’s age, sexual conduct, environment, motive, method, and consequence of the crime, it is judged that the Defendant’s correction disposition in society should not be conducted again through community service instead of suspending the execution of the sentence only once. Thus, the sentence imposed by the lower court against the Defendant is too unreasonable.

0 The defendant does not repeat again after recognizing the crime.

There are many things.

0. The profit actually acquired by the Defendant from the instant crime is not so significant.

0. The defendant does not have any particular criminal record except once a fine is imposed on him.

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

1. The community service order under Article 62-2 of the Criminal Act;