The judgment of the court below is reversed.

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

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

1. The summary of the reasons for appeal - the court below’s punishment (two months of imprisonment) is too heavy.

2. The crime of this case is not suitable for the crime of this case to be transferred to another person in violation of the duty of the Defendant, even though the Defendant had a duty not to dispose of the borrowed money on the part of the Defendant as security until the Defendant repaid the borrowed money on the part of the Defendant.

However, it is favorable to the defendant, such as the fact that the defendant recognized the crime of this case, the sum of the proceeds of the agricultural machinery disposed of by the defendant, the sum of the proceeds of the agricultural machinery disposed of by the defendant is KRW 131,00,000,000, but the actual amount of damage of the victim is deemed to be less than that of the victim, the victim is not subject to the punishment of the defendant by agreement with the victim for the first time, there is no record of punishment for the same crime, there is no record of criminal punishment exceeding fine, and there is no record of criminal punishment exceeding fine, and the fact that the defendant actively disposed of the agricultural machinery provided as security, not by the selling company which did not receive the proceeds of the remaining

In addition, the sentence of the lower court is somewhat unreasonable in full view of all the records of the instant case, including the Defendant’s age, sex, environment, background and motive leading to the commission of the crime, and the circumstances before and after the commission of the crime.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and it is again decided as follows.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62(1) of the Criminal Act 1.