The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

except that from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In fact, at the time of selling the instant vehicle to the victim, the Defendants explained that the instant vehicle was “accidentless” vehicle according to the record of inspection of the performance and condition of used cars at the time of selling the instant vehicle, and notified the victim of the fact that there was an insurance history that the cost of repairing KRW 40 million was incurred according to the insurance resume, and the victim also operated the instant vehicle in good condition without any particular problem for about two years, and thus, the Defendants deceiving the victim

shall not be deemed to exist.

B. The sentence sentenced by the lower court to the Defendants (six months of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable.

2. Determination

A. Judgment 1 on the assertion of mistake of facts 1) The Defendants are the very serious motor vehicle dealer.

On May 25, 2013, the Defendants made a false statement to the effect that “the Defendants are in an accident-free vehicle, and there is an indication of a DNA package exchange on the performance inspection record shall be an accident-free vehicle because of a collision that passes through the speed limit,” while selling the victim F (38 years of age) a high-end vehicle in GMW 4.”

However, in fact, the above G vehicle was the vehicle involved in the accident involving the repair cost of KRW 41,926,480 around December 25, 2012, and the Defendants were aware of such fact.

The Defendants received KRW 51,00,000 from the injured party as the purchase price for the said vehicle.

Accordingly, the Defendants acquired the property by deceiving the victim.

2) The lower court’s determination: (1) The victim has a flick force to deflick the Defendants at the time of consistently following the police from the police to the court of the lower court’s trial; and (2) it is an accident without fault.

The phrase “it is a non-performance-free accident,” and the phrase “as to the extent of KRW 40,000,000,000,000 from the Defendants,” was never heard.