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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor of 3 years and 6 months, and 1 years and 10 months, respectively.
Reasons
1. The summary of the grounds for appeal is too unreasonable that each sentence (for the defendant A, four years of imprisonment, confiscation, confiscation, defendant B and C, two years of imprisonment, and confiscation) declared by the court below to the defendants.
2. Ex officio determination - Prior to the judgment on the Defendants’ respective arguments on unfair sentencing, prior to the judgment on the amendment of indictment - The Prosecutor applied for the amendment of indictment 2 attached Form 2 to the following: “The Prosecutor applied for the amendment of indictment 1,036,895,858 won in sum 1,036,000 won in the sum 1,036,003,378 won in 1,03,000 won in the fifth column of the facts charged at the trial, and the Prosecutor applied for the amendment of indictment 79” in the attached Table 2 of the facts charged at the trial, and the judgment of the court below became subject to the amendment of indictment 3,00 won in the sum 1,056,03,378.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendants’ respective arguments of unfair sentencing, and the judgment below is reversed, and it is again decided as follows after oral argument.
[Discied Judgment] The summary of facts constituting an offense and the evidence admitted by the court and the summary of the evidence are identical to each corresponding column of the judgment of the court below, except for modification or modification of the following contents. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
The judgment below
Criminal facts
In paragraph (3) of the same Article, the phrase “crime 2 No. 79” shall be deemed to read “crime 2 No. 77”, and “victim 123” shall be deemed to read “victim 120,” and “B in sum 1,036,895,858” shall be deemed to read “the total amount of KRW 1,056,03,03,378” and “the list of crimes attached to the judgment of the court below shall be changed to “the list of crimes” as follows:
Summary of Evidence
Among them, "The source of money transferred to the card in the name of the victim B and the attachment of the relevant report" shall be "the source of money transferred to the card in the name of the victim X and the relevant report."