The judgment of the court below is reversed.

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

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. On August 8, 2013, when the defendant established a right to collateral security on the Cargo in the name of the victim and paid only KRW 25 million on September 201, 2013, the defendant suspected of committing the instant crime on the part of his/her name, such as selling the Cargo in the instant case to his/her name, and reporting on the loss of his/her license plate on December 6, 2013. The defendant was sentenced to three years of suspended sentence for special larceny in the Daegu District Court resident support on September 20, 2011, which was sentenced to three years of imprisonment with prison labor for special larceny, and became final and conclusive on September 28, 201, and again during suspended sentence, he/she committed the instant crime, which had not been recovered until now (the defendant was at least KRW 20 million in the market value and KRW 20 million). However, it is difficult to view that the Defendant’s act was committed on the part of his/her own property to the extent of economic harm and injury.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading.

Criminal facts

The summary of the evidence and facts constituting the crime recognized by the court and the evidence related thereto.