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The judgment below
The part against the Defendants is reversed.
Defendant
A Imprisonment with prison labor of two years and six months, and Defendant B.
Reasons
1. The summary of the grounds for appeal (unfair sentencing: Defendant A: Imprisonment with prison labor for two years and six months; Defendant B: imprisonment with prison labor for three years) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendants ex officio, the Prosecutor applied for changes in the indictment to change the contents of “criminal facts” (in addition to the frequency of criminal conduct and the source of fraud) among the existing facts charged as stated in the following subparagraphs: (a) since the subject of the judgment is changed by this court’s permission, the judgment of the court below is no longer maintained.
3. Accordingly, the judgment of the court below is reversed the part of the judgment below against the Defendants under Article 364 (2) of the Criminal Procedure Act without examining the Defendants’ assertion of unfair sentencing, and it is again decided as follows through pleading.
【The reason for the judgment in multiple times】 The facts constituting a crime acknowledged by this court is changed to the third sentence of Paragraph (b) of Article 1 of the facts constituting a crime as indicated in the judgment of the court below as follows, and the attached list 2 of the judgment of the court below is the same as the corresponding column of the judgment of the court below, except for the change to the attached list 2 as shown in the attached list 2 of this judgment of the court below. Thus, it is citing it
Therefore, on February 26, 2020, an employee in charge of telecommunications-based financial fraud in the name-based financial fraud posted a letter stating that he sells Masck on the Internet L site at the French site. The victim M who reported and contacted it would send the above Masck to the victim M who sent 2,500,000 won to the above JB bank account sold by the defendants, and the defendant shall receive 2,50,000 won from the victim to the above JB bank account sold by the defendants, and the defendants shall receive 2,50,000 won from the time to March 16, 2020.