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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
1. The lower court rendered a judgment dismissing a public prosecution regarding the fraud of the victim D among the facts charged in the instant case, and the part of the judgment became final and conclusive as the prosecutor did not file an appeal.
In addition, if an application for compensation is dismissed, the decision of dismissal shall be immediately decided, and it shall not be transferred to the appellate court.
Therefore, in the trial, only the remaining part of the judgment of the court below is judged.
2. The punishment sentenced by the court below (three years of imprisonment) is too unreasonable in light of the fact that the defendant is against the gist of the grounds for appeal.
3. An ex officio determination prosecutor filed an application for amendments to a bill of amendment of indictment with the content of the facts charged as stated below, and since this court permitted this, the judgment of the court below cannot be maintained as it is, since it was changed to the subject of the adjudication.
4. If so, the judgment of the court below is reversed under Article 364(2) and (6) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts of the crime and evidence recognized by this court is as stated in the corresponding column of the judgment of the court below except for the alteration of the "U" No. 1 to "T Company AL", the "AG" No. 2 and 3 to "O company N", and the "T" No. 4 and 5 to "AM company N", and therefore, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) of the Criminal Act, Article 347(2) and (1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act for the crime;
1. Commercial concurrence;