사기등
All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment for a term of two years and six months and a fine of two hundred thousand won.
The defendant above.
1. Summary of grounds for appeal;
A. As to the crime listed in the annexed table Nos. 3 of the first instance judgment, Defendant A) erroneous determination of facts and misapprehension of legal principles, this part of the facts charged is not specified in the crime sight table, victim, and damaged items. This part of the indictment constitutes a case where the procedure for instituting the prosecution is invalid in violation of the provisions of the law, but it is erroneous in the misapprehension of legal principles as to the specification of the facts charged.
(2) In each of the crimes of this case where a vehicle purchaser borrowed a siren from a siren company to sell it to the vehicle purchaser, the Defendant was not aware of the details of each of the crimes of this case, including the vehicle purchaser’s contact or the vehicle sales site, and the Defendant did not either provide a siren cost or share the vehicle sales price. Thus, the Defendant cannot be deemed to have participated in each of the crimes of this case, and even if such participation was recognized, it is merely an aiding and abetting criminal, not a joint principal offender.
Nevertheless, the judgment of the first instance that the defendant is the joint principal offender of each of the crimes in this case is erroneous in the misapprehension of legal principles as to joint principal offender.
B) The sentence sentenced by the lower court of unreasonable sentencing (two years of imprisonment) is too unreasonable and unfair.2) The sentence sentenced by the lower court is too uneasible and unreasonable.
B. 1) The sentence sentenced by the lower court (one year of imprisonment and two hundred thousand won of fine) is too unreasonable, and is thus unreasonable. 2) The sentence sentenced by the lower court is too uneasible and unreasonable.
2. Prior to the judgment on the grounds of appeal by the defendant's ex officio, the defendant and the public prosecutor filed an appeal against the first and second original judgments, and tried both at the court and the court of appeal. As a result, the judgment of the court below against the defendant is rendered.