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The judgment below
The guilty portion shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year.
Of the facts charged in the instant case.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below (one year and six months of imprisonment) on Defendant A (guilty part) is too unreasonable.
(A) On March 6, 2015, Defendant A received a notice of receipt of the records of trial from this court on March 6, 2015, and asserted only unfair sentencing upon submitting a written reason for appeal on March 20, 2015. The defense counsel of Defendant A appointed thereafter asserted that “Defendant A did not have obtained by deceptioning the victim K and G by deceiving the victim as stated in each criminal fact in the judgment below as stated in the judgment of the court below” in the supplementary statement to the reason for appeal of October 20, 2015.
However, the allegation of mistake in the above facts stated in the supplementary statement of reasons for appeal submitted after the deadline for submitting the statement of reasons for appeal can not be a legitimate ground for appeal. Furthermore, even if we examine ex officio as to the fraud against the victim K among the facts constituting the crime stated in the judgment of the court below, and as to the fraud against the victim G with the crime table 1 attached to the judgment of the court below, according to the evidence duly adopted and examined by the court below, the defendant A, as stated in each criminal facts in the judgment of the court below, deceiving the victim K as stated in the judgment of the court below, thereby allowing the victim G to receive a total of KRW 48750,000,000,000,000,000 won, as shown in the judgment of the court below, and by deceiving the victim G to receive and
However, the following will be examined ex officio with respect to the fraud of the victim G in attached Table 3 of the crime committed in the judgment of the court below.
B. (i) Defendant B, in collusion with Defendant A, did not mislead the victim G (hereinafter “G”) by deceiving Defendant B (hereinafter “Defendant B”), thereby deceiving KRW 225.5 million in total from G.
Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.
dr.