The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The instant crime was committed by deceiving the damaged company by means of changing the vehicle license plate as the Defendant completed repair, and the details and methods of the crime are not good and the amount of damage is up to 27.5 million won.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and divided the mistake, there is no record of criminal punishment exceeding the fine, and the fact that the victim paid the amount of damage to the victim and reached an agreement with the victim are more favorable to the defendant.

In addition, in consideration of all the circumstances that are conditions for sentencing under Article 51 of the Criminal Act and equity with punishment in the same kind of similar cases, the lower court's punishment is deemed unfair due to its gross negligence.

The defendant's improper argument of sentencing is accepted, and the prosecutor's improper argument of sentencing is not accepted.

3. As the appeal of 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 decision is rendered again following the pleadings (inasmuch as the appeal by the prosecutor is rejected but the decision of the court below is reversed by accepting the defendant's appeal, the prosecutor's appeal shall not be dismissed separately from the order). 【The decision to be used again is identical to the facts constituting the crime and the summary of evidence recognized by the court as stated in the corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The part of judgment on the above unfair argument of sentencing on the grounds of sentencing under Article 62-2 of the Criminal Code of the community service order.