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The judgment below
The acquittal portion shall be reversed.
Of the facts charged in the instant case, the fraud of the victim AS is acquitted.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that the defendant (unfairness) committed a mistake and reflects the defendant's wrong, and that the defendant had the Chinese citizen enter the Republic of Korea by the recommendation of E, the defendant did not properly enter the Republic of Korea after receiving more than the expected person, and that the profit acquired by the defendant was about KRW 200 million, there was no person who entered the Republic of Korea in forged document, there was no person who entered the Republic of Korea, an agreement with the victim X, an agreement with the victim X, and the defendant suffered from a variety of disease, such as a white house in the course of the escape life for six years, and suffered suffering from suffering from pains of prison life or more, the court below's punishment is too unreasonable (four years of imprisonment).
B. As to the fraud against the public prosecutor(s) victim C, it is recognized that the party who expressed the victim's intent to enter the Republic of China used the mobile phone apparatus in the name of AT, and that the defendant acquired the money in the name of entry by deceiving the victim.
2. Determination
A. An ex officio determination prosecutor filed an application for amendments to a bill of amendment of indictment with the content of the indictment No. 3-b, 2013 Highest 471, as follows, and the subject of the judgment was changed by this court’s permission.
B. Around January 5, 2007, the Defendant said that “the victim AS’s fraud, and the Defendant said that “the victim AS will enter the Republic of Korea from China to the Republic of Korea,” at a place where it is impossible to identify a place not exceeding China’s Republic of Korea.”
However, even if the defendant received money from the victim, he did not intend to enter the victim into Korea.
As such, the Defendant, by deceiving the victim, received 1,200 China from the victim, an amount of KRW 143,124 converted into the base trading rate of KRW 119.27). From around that time to May 27, 2007, the Defendant made a total of 13 times, as described in the separate list of crimes, 178,00 bills (Korean currency KRW 21,57,904).