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The judgment below
The remainder, excluding the compensation order case, shall be reversed.
A defendant shall be punished by imprisonment for three years.
Reasons
1. The sentenced by the court below to the summary of the grounds for appeal (four years of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied for amendments to the indictment with the purport of changing the facts charged in the instant case as described below in paragraphs (1), (3) and (4) at the trial court. Since the subject of the judgment was changed by this court's permission, the remaining parts of the judgment of the court below except the compensation order case can no longer be maintained.
3. Accordingly, the remaining part of the judgment of the court below, except for the compensation order case, is reversed ex officio, without examining the grounds for appeal by the defendant, and the remaining part of the judgment below, excluding the part of the compensation order order case, is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows after pleading.
Criminal facts
1. Even if the Defendant organized a system, even if he did not have the intent or ability to keep the fraternity to the fraternity members by operating the system until the end, he was given a total of 33,120,000 won of monthly payment from July 23, 2008 to organizing the system of 30 units of monthly payment around July 23, 2008, and by inducing the victim I to pay the fraternity by operating the above number system without any interruption, and by deceiving the victim I, he was received 3,120,000 won from July 23, 2008 to 26 times from August 4, 2011, and acquired it by deceiving the victim I as a total of 33,120,000 won by allowing the victim I to join five lines, as described in the list of crimes, as described in the list of crimes 1.
2. The Defendant, even if organizing a fraternity, did not have the intent or ability to keep the fraternity to the fraternity members by operating it until the end, took an attitude that would operate the fraternity without interruptions on January 7, 201, and received 4,000,000 won from the VictimJ to August 7, 201, and acquired it by deceptioning it eight times between January 7, 201 and August 8, 201.