The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (e.g., both types of punishment) of the lower court against the Defendant is too heavy or unhued;

2. The act of purchasing, selling, arranging the sale and purchase of a motor vehicle without registration of the motor vehicle management business is not only prejudicial to the transaction and distribution order of the motor vehicle, but also there is a need to strictly punish a large number of victims because of the abuse of such large-sized vehicles as a means of crime or tax evasion, etc., and the fact that there is a need to strictly punish the crime in light of the transaction period (five years), frequency of transaction (398), transaction amount (39 billion won), and transaction amount (2.3 billion won) of the crime in this case is disadvantageous to the defendant.

On the other hand, the fact that the defendant voluntarily surrendered to the investigative agency, the defendant recognized the crime of this case, seems to reflect the truth in the truth through confinement life for about five months, the social relationship of the defendant is clear, and the fact that the defendant is the first offender who has no criminal power is favorable to the defendant.

In addition, comprehensively taking account of the equity with the punishment against accomplices, the age, character and conduct, the environment, the circumstances and result of the instant crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

3. In conclusion, the prosecutor's appeal is without merit, but the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows

Criminal facts

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

Application of Statutes

1. Article 79 of the Automobile Management Act applicable to facts constituting an offense and Article 79 of the select of punishment;