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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant, as stated in paragraph 2 of the criminal facts in the judgment below, acquired money from the victim E as stated in the judgment below, the Defendant was also aware of the fact that he received money from the victim E, it was also received in the D future as the written price as stated in paragraph 1 of the criminal facts in the judgment below, and it was not acquired under the pretext of job placement expenses, unlike paragraph 1.
However, since the court below recognized this part of the facts charged as it is, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
B. The sentence that the court below sentenced to the defendant is too unreasonable as a year of imprisonment with prison labor.
2. Prior to the judgment on the grounds for appeal by the defendant's authority, the act of acquiring each of the defendant's fraud should be based on concurrent crimes. However, the court below erred by misapprehending the legal principles on the number of crimes, thereby affecting the conclusion of the judgment. In this regard, the judgment of the court below cannot be maintained any more.
However, the defendant's assertion of misunderstanding the facts is still subject to a trial by this court, despite the existence of the above reasons for reversal, and the following is examined.
3. The lower court, on the Defendant’s assertion of mistake of facts, found credibility in the witness E’s statement.
In addition to the fact that the defendant, as stated in the crime No. 2 of the judgment of the court below, made the victim E deposit in cash with the account in the name of the defendant, and the defendant does not seem to have withdrawn the money and delivered it to D as stated in the crime No. 2 of the judgment of the court below, he recognized the fact of acquiring money by deceiving the victim E as a result of employment mediation expenses, etc. comparing the judgment of the court below with the records.