A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case.

A. Defendant 1) misunderstanding of facts as to the fraud against the victim D among the facts charged in the instant case (the lower judgment: 2012 highest 2283): The Defendant continued to engage in continuous monetary transaction relations with the victim and borrowed and repaid money from time to time, and there was no intention of deception. (2) As to each of the altered facts charged (the lower judgment: 2012 highest 2283): the Defendant was asked to lend the name of the successful bidder for the purpose of obtaining the Defendant’s claim against D from D and the F couple, and was actually lent to the said couple for the purpose of obtaining the Defendant’s claim against D, and the recruitment, operation, and receipt of the advance payment of the successful bidder was the said couple, and thus, the Defendant did not receive the payment of the advance payment by deceiving the victims. ③ As the Defendant did not know of the violation of the Punishment of Violences, etc. Act (a collective injury, injury by deadly weapons, etc.) among the facts charged in the instant case, the lower court did not err by misapprehending the victim’s intent and intentionally found the Defendant 2.

B. The prosecutor (unfair form of punishment)’s sentence of two years and six months, which the court below sentenced to the defendant, is deemed to be too unhued and unfair.

2. Prior to the judgment on the assertion of unfair sentencing by the Defendant and the prosecutor, prior to the judgment on the assertion of unfair sentencing by authority, the prosecutor, prior to the trial, deleted “misappropriation” and “Article 355(2) of the Criminal Act” from among the names of the crimes, and deleted from among the crimes.