The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months) of the lower court is too unreasonable.

2. The judgment of this case is that the defendant deceivings the victims, defrauds them total of KRW 236.2 million, and embezzled them by refusing to return the leased vehicle, and there is an unfavorable condition to the defendant, such as the fact that the crime is inferior in light of the active nature of the method of the crime, the amount of damage, etc., and that there was a record of punishment for the same kind of crime.

However, in full view of the sentencing conditions indicated in the instant case, including the Defendant’s age, occupation, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence of the lower court against the Defendant is too unreasonable, because it is too unreasonable to view the Defendant’s punishment as being too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

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

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (Fraud point), Article 355(1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Article 62 (1) of the Criminal Act on Suspension of Execution (Consideration of the agreement with victims);

1. Article 62-2 of the Social Service Order Criminal Act;