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The judgment below
The part of the defendant, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for four years.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (four years of imprisonment with prison labor) is too unreasonable.
2. An ex officio reversal prosecutor following changes in the indictment in the case of the 2017 order 1249 order against the defendant at the trial court, and as the case was changed by the trial court's permission, the part against the defendant except the compensation order among the judgment below can no longer be maintained.
① Change from “652,940,000 won” to “697,920,000 won” (2) change to “45,000,000 annual investment funds No. 2, No. 5 of the judgment of the court below, No. 7 of the court below, No. 45,000 of the judgment of the court below) (3) change to “301,340,000” in the sum of two investments in the attached Table No. 2 of the daily list of crimes to “346,140,000” (No. 18 of the judgment of the court below), the part of the court below, except for the compensation order, shall be reversed in accordance with Article 364(2) of the Criminal Procedure Act, without omitting the judgment of the defendant’s unfair assertion of sentencing.
【Grounds for the judgment used again against the defendant except for the compensation order] Criminal facts and the summary of evidence recognized by this court are identical to the corresponding column of the judgment of the court below, except for the modification of the "ex officio destruction due to the amendment of indictment of 2.2.2.2.2.2.2.2.2.2.2.2.3.2.2.3.2.3.2.2.3.2.2.3.2.2.3.2.3.4.4.4.2.3.4.4.4.
Application of Statutes
1. Article 6(1) and Article 3 of the Act on the Regulation of Similar Receipt of Punishment and the Act on the Regulation of Similar Receipt of Punishment for Criminal Facts, Article 30 of the Criminal Act (in all cases, including similar receptions), Article 347(1), Article 30 of the Criminal Act (a) and Article 347(1) of the Criminal Act, and Article 347(1) of the same Act (in all cases, referring to the fraud against the victim H), respectively.