All appeals by the defendant and the prosecutor are dismissed.

Summary of Reasons for appeal

A. Defendant 1’s mistake of facts (with regard to partial fraud) is as shown in the list of offenses attached to the annexed Table (9) of the crime committed by the court below.

With respect to each of the above crimes, there is no fact that the defendant participated in the above crimes.

Nevertheless, the judgment of the court below which convicted each of the facts charged is erroneous as a matter of law.

2) The punishment sentenced by the lower court (a three-year imprisonment and confiscation) is too unreasonable.

B. According to the prosecutor’s evidence submitted by the prosecutor as to the facts, in particular, the statement of S and R, etc., the co-offenders, etc., the Defendant may recognize the fact that the Defendant participated in each fraud, such as (9) net 10,12 copies of the crime list (9).

Nevertheless, the judgment of the court below which acquitted the defendant on this part of the facts charged is erroneous.

2) The above sentence sentenced by the lower court is too unhued and unfair.

2. Determination as to the assertion of mistake of facts by Defendant and Prosecutor

A. Determination on the Defendant’s assertion of mistake of facts 1) The Defendant appealed only for the reason that the initial sentencing was unfair after the submission period, but thereafter, on December 10, 2020, stated the Defendant’s assertion of mistake of facts.

However, this is submitted by the defendant after the lapse of 20 days from August 21, 2020, which was served with the notice of receipt of the records of trial, from August 21, 2020, and the defendant's assertion of mistake is not a legitimate ground for appeal.

However, the above argument can be understood to the purport to urge the court to exercise its authority as provided by Article 364(2) of the Criminal Procedure Act, and this is examined below.

2) Although the Defendant asserts that he did not have participated in each of the crimes committed at the end of 9, 11, 14, and 16, the Defendant’s ex officio determination as to the Defendant’s assertion of mistake of facts, the following circumstances are acknowledged by the evidence duly adopted and investigated by the lower court and the first instance court.