Among them, the acquitted part on the fraud against Aju Capital Co., Ltd. shall be reversed.

In this case.

A. The punishment (two years and six months of imprisonment) imposed by the court below against the defendant is too unreasonable.

B. The Defendant committed fraud against D (the mistake of facts, i.e., mistake of unfair sentencing) and the charge for using a mobile phone in return for promising D to bear both the cost and the fee for the mobile phone, but did not bear the cost and the fee for the business, and the Defendant used the aforementioned mobile phone and did not pay the small amount of the payment. The Defendant had no intention or ability to pay the price, etc. normally at the time of opening the aforementioned mobile phone to the victim.

Therefore, the intention of defraudation is recognized to the defendant.

B. The prosecutor found the Defendant not guilty of the facts charged in the original trial against the Aju Capital Co., Ltd., which led to the trial of the court below, set forth the following 3:

B. 1) The change was made as stated in paragraph 1, and according to the evidence, it is sufficiently recognized that the defendant deceivings CM to take the purchase cost of 14 million won from CM. 2) The sentence imposed by the court below on the defendant is too unfeasible and unreasonable.

2. The following third-party facts charged as to the fraud of the Aju Capital Co., Ltd., among the facts charged in the instant case, when the prosecutor tried to examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

B. As stated in Paragraph 1, an application for permission to amend an amendment to the Bill of Indictment was filed, and this court permitted this, and the subject of the judgment is changed, and the judgment of the court below on this part was no longer maintained.

However, the judgment of the court below has such reasons for ex officio reversal.

Even if the prosecutor's assertion of mistake on this part is still subject to the judgment of this court, it is examined about this part, and the above changed charges are also considered next.