The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

2. The Defendant determined that “4D screening machinery equipment” subject to sale with ownership reservation, caused considerable financial loss to the victim by selling it to a third party without paying the purchase price in full, and the actual amount of damage incurred therefrom exceeds KRW 140 million equivalent to the purchase price that the Defendant did not pay to the victim.

On the other hand, the defendant shows an attitude against the defendant, recognizing the crime of this case in the trial.

The Defendant, a Co., Ltd. entered into a 4D extreme franchise agreement with the victim and entered into a secondary sales contract with the Defendant to reserve the ownership of the above equipment on the wind that the contract is terminated, and thereafter, entered into a new sales contract with the Plaintiff, but on December 2, 2014, H was unable to receive the purchase payment upon the Defendant’s application for rehabilitation, it appears that the payment of the purchase payment would not be made. On May 8, 2017, the lower court agreed with the victim at KRW 139,300,000,000 won on May 8, 2017, which is the following decision, and paid KRW 19,30,000 on the same day. The remainder of KRW 30,000,000 for the Defendant’s apartment complex owned by the Defendant was recovered.

There is no history of criminal punishment prior to the crime of this case, and the crime of this case is in the relation of concurrent crimes between the crime of fraud, etc. finalized on May 28, 2016 as stated in the first head of the judgment below, and the latter part of Article 37 of the Criminal Act, and thus, it is necessary to consider equity in the case of concurrent crimes under Article 39(1) of the Criminal Act

In full view of such circumstances and other factors of sentencing as the defendant's age, sex, occupation, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too unreasonable.