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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Reasons
The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (two years of imprisonment) is too unreasonable.
Before the judgment on the grounds for appeal ex officio, the prosecutor applied for amendments to the Bill of Indictment with the content that "2017 Highest 2998" portion of the facts charged in the instant case was modified as follows, and since this court was changed to the subject matter of the judgment, the judgment of the court below is no longer maintained.
The part of the facts charged No. 3 (f) of the facts charged, stating that “the victim’s name in the Gwanak-gu Seoul Special Metropolitan City was “AY convenience store operated by a person whose victim’s name is not known” on December 12, 2016, made payment of tobacco amounting to KRW 4,500 with the KB national card in the name of Seoul Special Metropolitan City, and obtained tobacco from the injured party, and acquired it by fraud. From around that time to December 19, 2016, all of the following parts were 40 times as indicated in the attached Table 3, 6,107,350 won in total, or acquired property benefits.
Along with the change to “A”, the annexed list 3 was added to “a list of crimes,” and the matters set forth in Article 3 of the facts charged were “as if they were C” to acquire property benefits.
around December 20, 2016, “The part” was committed as if the victim’s name in the Gwanak-gu Seoul Special Metropolitan City AZ was followed by BA Ski operated by a person whose identity is not known, and was settled with one card in the name of C, which is equivalent to KRW 8,450,00, such as the existence of the victim, and then acquired it by delivery of the victim’s existence, etc. from the damaged party and acquired it by fraud. From around that time to December 24, 2016, all of the aforementioned parts were provided with property or acquired property benefits in an amount equivalent to KRW 1,05,450,000 in total on 20 occasions from that time to December 24, 2016.
The following parts of “the delivery, etc.,” which is changed to “the daily list of offenses” and added to “the list of offenses 4,” and which is “the delivery, etc.,” under Article 4-1(a)(3) of the facts charged.