The judgment below

The acquittal portion shall be reversed.

Of the facts charged in the instant case, the fraud against the victim B shall be acquitted.

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (the part concerning the crime of oil) is too unreasonable.

B. The prosecutor (not guilty part) stated to the effect that the Defendant: (a) sold real estate and repaid money to K; and (b) caused K to the same effect as the victim B and borrowed money from the victim, thereby inducing K to do so; (c) the Defendant, in the end, by deceiving the victim and deceiving the victim through K.

Nevertheless, the lower court erred by misapprehending the fact that the Defendant was acquitted, thereby adversely affecting the conclusion of the judgment.

2. Prior to the determination of the grounds for appeal as to the portion not guilty of the judgment below, the prosecutor, ex officio, maintains the name of the crime in this court, add "Article 34 (1) of the Criminal Act" to the applicable provisions of the Act, and applied for amendments to the amendment of indictment with the content that "the judgment which is used in multiple times" is modified as stated in paragraph (1) below. Since this court permitted this, the part not guilty of the judgment of the court below cannot be maintained any more.

3. Where there is no change in the conditions of sentencing compared to the judgment of the first instance court on the grounds of appeal by the defendant, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court deemed that the Defendant paid a considerable amount of interest or part of the principal to the victims in the form of return prohibition, but it appears that considerable part of the principal of the victims is not repaid, the victim I does not want the punishment of the Defendant, and the Defendant caused the instant crime to be used for the purpose of repayment of obligations and living expenses due to economic difficulties due to the husband’s failure.