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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Of the facts charged in the instant case, the theft point is limited.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts 1) Of the instant facts charged, the fraud of the borrowed money out of the instant facts charged (defendant 1-A)
In relation to paragraph (1), only the list of crimes as indicated in the holding of the court below (hereinafter referred to as the “list of crimes”).
(2) Of the facts charged in the instant case, the Defendant did not know at all that time, and the amount of KRW 4,50,000,000,000,000 should be excluded from the Defendant’s 11 on the same day. Of the 11st of the 11st of the 11st of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 1st of the 2nd of the 1st of the 1st of the 2nd of the 1st of the 1st of the 2nd of the 1st of the 1st of the 2nd of the 1st of the 1st of the 2nd of the 1st of the 1st of the 2nd of the 500th of the 1st of the 1st of the 1st of the 2nd of the 1st of the 2nd of the 2nd of the 3th of
3) Regarding the facts charged of larceny and violation of the Specialized Credit Financial Business Act (Article 2 of the facts charged), the Defendant did not steals the victim’s scam card, but did not bring the victim a scam card by changing the scam card into the scam card, and did not constitute a violation of the Specialized Credit Financial Business Act because the scam card was not stolen. (B) Even if the Defendant was guilty of unfair sentencing, considering the fact that the Defendant was tried by the lower court without the presence of the Defendant, the lower court’s sentence (Article 2 of the indictment) is unreasonable.
2. Judgment on the assertion of mistake of facts
A. In full view of the following circumstances acknowledged by the lower court’s judgment as to the fraud part of the borrowed money (the charge No. 1-A) and the evidence duly adopted and investigated by this court: