A defendant shall be punished by imprisonment for five years.

Of the facts charged in the instant case.

A. In fact-misunderstanding (the judgment of the court below No. 1) 1) 2016 Height 62, from October 2012 to November 2013, 2013, the fraud in the Philippines is committed. It is unclear whether L, the withdrawal book, was involved in the criminal conduct of Bosing, under the direction of DC located in China, or was ordered by the Defendant. He, I, and J, around February 2013, operated a separate telephone financial fraud office in China, and thus, it should be pronounced not guilty.

2) The Defendant was involved in the phishing crime from around March 2014 to around March 2014. However, there was no error in the Defendant’s participation in each criminal act committed again from May 2013 to August 2013, 1 through 77 of the attached Table 3 of the lower judgment’s judgment.

3) The Defendant, on April 2014, runs away from F’s telephone finance fraud group. Since S (one name “AI director”) also took part in F’s phishing crime until February 2014, 2014, the Defendant did not agree with S to transfer its access media to AC in collusion with S during the period from July 10 to August 19, 2014.

B. Illegal sentencing (as to the judgment of the court below Nos. 1 and 2)

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

The Defendant filed an appeal against the lower judgment, and this Court decided to jointly deliberate on the two appeals cases.

Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence shall be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

However, despite the above reasons for reversal of authority, the defendant's assertion of mistake of facts still needs to be judged by this court.

3. Determination on the assertion of mistake of facts

A. The evidence and the trial duly adopted and examined by the lower court as to the fraud 62 of the 2016 high group, is additionally added.