The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

The summary of the grounds for appeal (unfair punishment) of the court below (two years of imprisonment with prison labor for eight months and two years of suspended execution) is unreasonable.

Judgment

It is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake in depth; and (b) the Defendant did not have any particular criminal record, in addition to being sentenced once to a fine due to driving without a license.

However, the crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant deceivings the victim E that he will transfer the business rights of the Seosan area and one son of the 20 million Won by deceiving the victim E, that there is no less liability for the crime of this case, the fact that the fluen vehicle is recovered from the victim after the victim raised the objection by G with the business rights of the Seosan area, the fact that the fluen vehicle is not returned to the victim after the expiration of the G's business period, the damage has not been recovered up to now, and the fact that the defendant did not agree with the victim is

Accordingly, in full view of the following factors: (a) the scope of the recommended sentence with respect to the instant crime according to the sentencing guidelines established by the Sentencing Commission, the scope of the recommended sentence with respect to the instant crime is from 6 months to 1 year and 6 months; (b) the fraud crime group; (c) the special person (less than KRW 100 million); (d) the decision-making of the recommended area (basic area); (e) the scope of the recommended sentence; and (e) the Defendant’s age, character and behavior, environment; (e) the background of the instant crime; and (e) the circumstances before and after the instant crime, the sentence of the court below that sentenced the

As the appeal by the prosecutor is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;