The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for six months.

The judgment below

part of acquittal.

1. Summary of grounds for appeal;

A. Defendant (unfair sentencing) argued that the sentence imposed by the lower court (one year and six months) against the Defendant is too unreasonable, and the Defendant argued that the part of the lower judgment’s conviction against the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the crime of deception and deception) is not recognized as having a relation with deception and deception and disposal, and that this part of the charges changed into fraud at the fourth trial date of the first instance trial, was fully recognized. The above mistake of facts and misapprehension of the legal doctrine as to the facts charged prior to the alteration are deemed to have been withdrawn.

B. In light of the prosecutor 1’s consistent statement of the victim’s misunderstanding of facts (non-indicted 1) and the content of each letter in which the defendant written in his own pen (Evidence No. 2 and 176 of the evidence record; hereinafter “each letter of this case”), the court below did not recognize the fact that the defendant received cash 25 million won from the injured party as a borrowed loan.

2) The sentence sentenced by the lower court to the Defendant is too unhued and unreasonable.

2. Determination

A. A. An ex officio determination prosecutor changed the defendant's name of the crime "in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) to "Fraud", deleted "Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes" under the applicable law, and applied for the amendment of the indictment to which Article 3 (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes is changed to "the revised indictment" as in the attached Form, and since this court permitted the amendment, the judgment of the court on this part of the charges cannot be maintained any further.

Therefore, the lower court rendered a single sentence by treating this part of the facts charged and the remaining convicted charges as concurrent crimes under the former part of Article 37 of the Criminal Act. As such, the part of the lower judgment’s conviction should be reversed in its entirety.

(b).