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The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for one year.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. Each of the frauds in this case of mistake of facts was committed by the defendant's East AU, and the defendant only lent the passbook to AU and withdrawn money.
B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
In the first instance of the trial, the prosecutor changed the facts charged as follows, and applied for the amendment of the indictment with the addition of Article 30 of the Criminal Act to the applicable provisions of the law, and since this court permitted it, the judgment of the court below cannot be maintained any more.
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the part of the court below's judgment excluding the compensation order is reversed and it is again decided as follows.
[Dao-written judgment] AU’s crime history obtained a proposal that the Defendant lent money from AU, a pro-friendly household, to use a mobile phone for the sale of goods, etc., and that the said AU may use the said account and mobile phone device for the commission of goods fraud, but it is doubtful that the said AU may use the said account and mobile phone device, such as G account in the name of the Defendant, and withdrawal of money deposited into the said account and delivery of money to AU and BF. The AU and BF opened a BG misrepresentation site in the name of the Defendant, or made a false mobile phone sales notice using the existing goods transaction site, such as E, to receive money from an unspecified number of people.
The Defendant conspireds with the above AU and BF on August 9, 2019, posted a letter stating that “Aphone XS is sold” to E, an Internet site, and expressed its intention to purchase it.