사기
The judgment below
The defendant's case shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. Where an appeal is filed against a conviction of the summary of the grounds for appeal, the order for compensation shall be transferred to the appellate court along with the case of the defendant, but the defendant did not object to the part of the order for compensation of the original judgment, and even if ex officio examination is conducted, the part of the order for compensation among the original judgment cannot be revoked or amended. Therefore, the part of the order
The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.
2. Before determining the grounds for appeal by the Defendant’s ex officio, prior to the determination of the grounds for appeal by authority, the prosecutor applied for amendments to the Bill of Amendment to the Contents of Crimes 3 through 5, among the facts charged in the instant case, to the effect that: (a) the deception of the No. 4,200,000 won of the deposit money is sold in F; (b) the store located in the shopping mall where the contract is terminated later; (c) the amount of KRW 4,00,000 shall be returned even if the contract is terminated later; and (d) the expenses are needed to import the “Woo” product to pay the monthly profit; and (e) if the money is lent, the return would be paid to the Defendant’s case would no longer be maintained.
3. Accordingly, the judgment of the court below is reversed among the judgment below under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts and evidence admitted by the court is that the deception 3 to 5 in the list of crimes among the facts of the judgment of the court below is to sell female products in F, give 4.2 million won a deposit to the shopping mall part of the shopping mall, return 4.0 million won even if the contract is terminated later, and pay 50 million won a monthly profit.