The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The punishment (one year of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable;

(A) On January 17, 2020, the Defendant withdrawn the assertion of mistake of facts and misapprehension of legal principles on the second trial date). 2. Prior to the judgment on the grounds for appeal ex officio, the Defendant considered ex officio.

The prosecutor applied for changes in the indictment to the indictment in the trial court, and this court permitted and changed the subject of the trial, so the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act by omitting the judgment of the court below on the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal.

【Reasons for the Judgment in 2017, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Suwon District Court on September 1, 2017. The judgment became final and conclusive on September 9, 2017.

【Criminal Facts】

1. The Defendant, along with B and C, sent a e-mail card, or proposed to offer money when sending a e-mail card for reasons such as the necessity of receiving a loan from a e-mailer, etc., by using the fact that the e-mailer’s money is deposited into an account connected with the e-mail card, and then withdrawn the amount of damage with the e-mail card or received the money by the account holder by allowing the account holder to withdraw the e-mailer’s money, using the fact that the e-mailer’s e-mail was sent to the e-mailer’s e-mailer’s employees to use the e-mail card to commit the e-mail, and solicited to withdraw it when the e-mail was deposited into the account.

According to the above public offering, the Defendant, on August 22, 2015, 2015, took a physical card connected from B to the D Association account in the name of B from the front Dong-dong, Sinsan-si, Sinsan-si. In accordance with the above public offering, he saw the above physical card to the Buddhist in August 22, 2015.