사기등
The defendant's appeal is dismissed.
1. The lower court, among the instant facts charged against the Defendant, found the Defendant not guilty and found the Defendant guilty of the remainder of the facts charged, and found the Defendant guilty of the remainder of the facts charged, based on the lapse of the period of appeal due to only the Defendant’s appeal against the conviction, the portion of the acquittal for which the prosecutor did not appeal was final and conclusive. Accordingly, in the first instance trial, the lower court should have made a decision only on the guilty portion among the
2. Summary of reasons for appeal;
A. The facts constituting a crime of 2016 order 3504 order of the lower court’s judgment are erroneous and erroneous in the facts charged as stated in the indictment.
B. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.
3. Determination
A. Although it is recognized that the facts constituting an offense No. 2016 order 3504 of the judgment of the court below as stated in the indictment are entirely different from the facts charged, the court below examined the facts charged in the indictment as stated in the indictment as to the order No. 2016 order No. 3504 of the judgment of the court below, but it appears that the actual column of the crime committed in the judgment of the court below is a statement of facts different from the facts charged in the indictment by mistake as to the indictment. Thus, the facts constituting an offense in this part are merely a clerical error and shall be corrected ex officio as follows.
Therefore, the lower court erred by misapprehending the facts and adversely affecting the judgment.
Therefore, the defendant's above assertion is without merit.
B. It is recognized that the defendant who made a judgment on the unfair argument of sentencing is able to repent his mistake while making a confession of all the crimes.
However, the defendant has been sentenced to a fine, suspension of execution, and punishment for a total sum of times, and there have been many records of punishment for the same type of fraud and the violation of road traffic law (drinking driving), and the amount of fraud fraud reaches a total of KRW 200 million, but the damage has not been restored.