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The judgment of the court below is reversed.
The punishment of the accused shall be determined by imprisonment with prison labor for ten months.
provided that this ruling has become final and conclusive.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (ten months of imprisonment) is too unreasonable.
2. The judgment of the court below is unfair in light of the circumstances that are favorable to the defendant, such as the transfer of a mortgaged vehicle to the victim company, and the actual impossibility of exercising the claim for installment loans exceeding KRW 150 million,000,000,00 in total, and the nature of the crime cannot be deemed to be light. The fact that, on October 2010, the management of the company was difficult, by receiving the highest-level vehicle loan at a higher rate than that of the defendant and purchasing the highest-level vehicle, which was difficult to operate, etc., which are disadvantageous to the defendant, or that the defendant's mistake is recognized, or that there is no criminal history of the same kind as this case, and that there is no criminal history of the defendant's operation, and that the defendant expressed his intention that the victim does not want the punishment of the defendant, and other circumstances that are favorable to the defendant, such as the motive and circumstances leading to the crime, the situation before and after the crime, the defendant's age, character and behavior, occupation, family relations, etc.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the facts constituting the crime and the summary of the evidence acknowledged by the court below are as shown in the corresponding column of the judgment below, except for correcting the "19,1650,500 won" of the 99 criminal facts as "5,200,000 won" of the 12 criminal records and 13 criminal records as "1,650,000 won" and "19,500,000 won" of the 12 criminal records and 13 criminal records as "1,65,500,000 won", and therefore, they are cited as it is in accordance with Article 3
Application of Statutes
1. Relevant provisions concerning facts constituting an offense;