The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

except that this shall not apply.

The summary of the grounds for appeal (unfair punishment) of the original judgment (one year and two months of imprisonment) is too unreasonable.

Judgment

The crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant is entrusted with the sale of a vehicle from the victim D or sells a vehicle managed by the defendant, by deceiving the proceeds from the purchaser and embezzlement of the proceeds kept for the delegating person, and the nature of the crime is not good, and the amount obtained by the defendant or embezzled is more than 130 million won, and considerable amount is more than 130 million won.

However, it is reasonable to take into account the following factors: (a) the Defendant led to the instant crime and reflects his mistake in depth; (b) the victims have agreed to have reached a full agreement with them; and (c) the Defendant has no record of being punished for the same kind of crime.

In this context, the scope of the recommended sentence with respect to the instant crime according to the sentencing guidelines established by the Sentencing Committee of the Supreme Court from January to September 10, 100: The crime group of fraud crimes, type 1 (less than KRW 100,00), the special sentencing range (less than KRW 100,00), the decision-making field of recommendation, the scope of the recommended sentence (1-1 year), and Type 2: Fraud, the first type (less than KRW 100,00), the special sentencing range (less than KRW 10,00), the decision-making field of recommendation, the scope of the recommended sentence (1-1 year), the third category: Embezzlement, the special sentencing range (less than KRW 100,00), the decision-making field of recommendation, the sentencing range (not exceeding KRW 100,00), the majority punishment result: January 1 to October 10, 200, the circumstances of the instant crime, the circumstances of the lower court, and the circumstances of the instant crime, are too unfair.

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to 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 follows.