컴퓨터등사용사기등
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. In fact, misunderstanding of the legal principles and mistake of facts, the Defendant took part in the delivery of other Bosing damage under the instruction of Chinese total books, but there was no participation in the crime as stated in the facts charged, and there was no fact that the role as a principal offender is shared.
Nevertheless, the lower court erred by misapprehending the legal doctrine or misunderstanding the fact of conviction.
B. The sentence of the lower court’s improper sentencing (two years and ten months of imprisonment) is too unreasonable.
2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for changes in the indictment of this case to the court below on June 10, 2016, with the content that the indictment of this case is modified as stated in the facts charged of this case as stated in paragraph (3) below. Since this court permitted this and changed the subject of the judgment, the judgment of the court below was no longer maintained.
3. In the Incheon District Court Decision 2015No. 4087, 2016No. 270, which is the case related to the facts charged, the content of the share of other accomplices’ act is modified and reflected.
In comparison with the previous facts charged, the part of the conspiracy as a delivery book that the Defendant received from G, K, etc. and delivered to the name in secret was excluded from most part of the execution act.
On July 3, 2015, the Defendant and the accomplice were detained in the Incheon District Court as a fraud for computer use, and they are indicted for detention in the same court on August 11, 2015 for the same crime, etc. as the same accomplice, and F, G, J, and K are detained in the same court on August 13, 2015 and currently pending trial.
From June 2015, the Defendant and AV, I, F, G, J, and K are expected to withdraw money by a person who directly withdraws money from the name of the one under the name of the one under the name of the one under the name of the one under the name of the one under the command of the one under the name of the other under the direction of the one under the name of the other under the name of the one under the name of the other under the name of the one under the name of the one under the other under the name of the