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The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of KRW 8,000,000.
The defendant above.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 10,00,000) is too large and unfair (the Defendant withdrawn his previous assertion of misunderstanding of the legal principles at the first trial date on July 12, 2018). 2. The prosecutor’s ex officio decision added “after Article 37 of the Criminal Act, but Article 39(1) of the Criminal Act” to the first head of the instant facts charged, and “the Defendant was sentenced to one year by imprisonment with prison labor for special larceny at the District Court on October 10, 2017, and the judgment became final and conclusive on October 18, 2017. According to this Court’s significant facts, the Defendant’s judgment should be recognized as having submitted a written waiver of the appeal to the other party, but the period of appeal and the other party’s appeal should not be determined.
The judgment of the court below is no longer maintained inasmuch as the amendment of the Bill of Indictment was applied for the addition, and the subject of the adjudication was changed by this court.
3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the part of the judgment below against the defendant is reversed and it is again decided as follows.
[Judgment used again against the Defendant] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence are as follows: (a) the first head of the facts constituting the crime of the court below (Article 369 of the Criminal Procedure Act) added “one year after the Defendant was sentenced to imprisonment with prison labor for special larceny by the District Court on October 10, 2017, which became final and conclusive on October 18, 2017; and (b) added “one copy of the Decision 2017 High Court Decision 2500, the High Court Decision 2017 High Court Decision 2500, the High Court Decision 201Da369).”
1. Article 49(4) of the Electronic Financial Transactions Act concerning facts constituting an offense.