The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for four years.

The judgment below

Part of innocence.

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

B. Prosecutor 1) The lower court found the Defendant not guilty of this part of the facts charged on the part of the facts charged in this case, on the part of each fraud of No. 155 or 59 on the crime sight table 1 to 59 among the facts charged in this case, on the ground that E testified in the lower court’s testimony at the court and failed to properly memory the contents of the case, and that some statements are not consistent.

However, this part of the facts charged is about 10 years before E testified at the court of original instance. It is extremely natural that E gives testimony at the court of original instance that it is difficult for E to memory the contents of the case in detail or to make a statement without consistency in part, and the statement at the investigation agency was made at the time of the occurrence of the case, and not only at the time when E made a false statement at the time of the occurrence of the case.

In light of the fact that there are no circumstances to see, the E’s statement in the investigative agency is reliable, and according to this, this part of the facts charged can be fully recognized.

Therefore, the judgment of the court below which affected the conclusion of the judgment by misunderstanding the facts.

2) In light of the legal principles, the lower court, among the facts charged in the instant case, found that the Defendant was sentenced to a suspended sentence on October 4, 2007, and was forced to enter Korea for a certain period of time. In such a case, the Defendant’s application for a visa to enter Korea was rejected in around 2016, but failed to enter Korea. In so doing, the lower court held that the Defendant, a Chinese, did not enter Korea after committing each of these frauds in China and did not escape criminal punishment.