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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In relation to the forgery of a new private document, the use of a falsified document, and fraud among the facts charged in the instant case, in light of the consistent statements at D’s investigative agency and court of the lower court, it is recognized that D has no implied consent to the issuance of a new card to the Defendant or to the use of a new card by the Defendant with the issuance of a new card.
Even if D did so, in light of the Defendant’s property status at the time, the Defendant did not have the intent or ability to pay the card price normally.
However, the court below rendered a not-guilty verdict on this part of the facts charged on a different premise. The court below erred in the misapprehension of facts.
B. The sentence of the lower court that is unfair in sentencing (2 million won in penalty) is too unhued and unfair.
2. Amendments to Bill of Indictment in the trial of the political party;
A. Prior to the judgment on the grounds for appeal, the prosecutor applied for the amendment of the indictment with respect to the fraud related to the new card among the facts charged in the instant case as follows. The prosecutor applied for the amendment of the indictment with respect to the partial withdrawal of the facts charged (the prosecutor’s assertion on the part of the facts charged withdrawn therefrom is not subject to the judgment of the court below). ① With respect to the fraud by using the card number M (hereinafter “M card”), the prosecutor’s withdrawal of the facts charged No. 70-76, 136, 137, 193, 294, 305 No. 1 of the crime list of the annexed facts in the judgment of the court below, and then changed the sum of the facts charged from “336 times” to “324 times” to “36,58, 494, 499, 497, 497, 305, and 305 won.
② With respect to fraud by using a card number N (hereinafter referred to as “N card”), the list of crimes in attached Form 2 as indicated in the lower judgment is as follows.