사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The summary of the grounds for appeal (misunderstanding of facts) does not mislead the victim, contrary to the facts stated in the facts constituting the crime in the judgment below, and there was a deception as alleged by the victim.
If the defendant is not the defendant, it is only I.
Nevertheless, the lower court found the Defendant guilty of the charges of this case, which led to an error of law that affected the conclusion of the judgment by misunderstanding the facts (it stated in the first appeal grounds by misapprehending the legal doctrine and sentencing, but it rejected this on the first hearing date of the first instance court). 2. According to the records of this case ex officio judgment and the significant facts in this court, the Defendant was sentenced to imprisonment with prison labor for 10 months (Seoul Northern District Court Decision 2014Da439 decided February 3, 2017) at the Seoul Northern District Court for fraud (Seoul Northern District Court Decision 2014Da439 decided February 16, 2017), 8 months (Seoul Northern District Court Decision 2016Da3287 decided Feb. 16, 2017) to be punished by imprisonment with prison labor for 20,000, Seoul Northern District Court Decision 205Da3287 decided Aug. 16, 2017).
Pursuant to the Supreme Court's dismissal decision on October 19, 2017 (Supreme Court Order 2017Do13785 Decided October 19, 2017), each of the above judgments has become final and conclusive after the pronouncement of the lower judgment.
Thus, the court below's decision against the defendant.