특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (three years of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal.
In the first instance of the trial, the prosecutor received the delivery of the sum of KRW 1,579,132,974 in total over 31 times from December 7, 2012 to the account of Qua or the Dispute Resolution Co., Ltd. from December 7, 2012 to May 12, 2014, including the receipt of KRW 22,095,694 from the victim by deceiving him/her as above and by deceiving him/her as the borrowed money on December 7, 2012.
“The Defendant, as seen above, received the transfer of the United Nations 23,00,000 from the injured party as a loan on December 7, 2012 (the amount equivalent to KRW 220,095,694), as well as the transfer of the United Nations 23,00,000 (the amount equivalent to KRW 220,095,694), from December 7, 2012 to May 12, 2014, as indicated in the list of crimes in the attached Table of crimes, “The Defendant, as such, obtained a total amount of KRW 184,940,449 (the amount equivalent to KRW 1,769,765,064) from the injured party, and acquired the money by means of deception.
The judgment of the court below was changed to ", and the application for changes to the bill of amendment was filed to the effect that the list of crimes in the annexed sheet of this case was changed to the list of crimes in the annexed sheet of this case, and this court permitted the change to the subject of the
Therefore, the judgment of the court below is no longer maintained.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is again ruled as follows, without examining the defendant's improper argument of sentencing, on the grounds that there are grounds for reversal ex officio as above.
Criminal facts
The summary of the facts charged by this Court and the summary of the evidence are ① the 17 to 20th sentence of the judgment below, ② the 4th sentence of the judgment below, and ② the 17 to 20th sentence of the 4th sentence, and the 23,000,000 UN on the pretext of the loan borrowed from the injured party on December 7, 2012 (which is equivalent to the 220,095,694 won).