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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts1) Of the crimes of frauds in paragraph (1) of the judgment of the court below, with regard to the part of the attached Form No. 27, No. 1,000,000 won per annum 1,000 won per annum 27,000 won per annum, and 5,50,000 won per annum 1,000 won per annum, the Defendant obtained a credit card loan from the victim with the victim's credit card at the victim's request, and used as a deposit and attorney's fee for the victims of the crime. 2) Of the larcenys in paragraph (2) of the judgment of the court below, with regard to one head of a national bank and four smartphones, the Defendant used the above national bank passbook to withdraw the
3) As to the part of residential intrusion under Paragraph 2 of the decision of the court below, the Defendant entered the victim’s residence with the consent of the victim in order to conduct affairs such as the payment of the installment for the vehicle and the extension of the contract for the apartment loan at the request of the victim. B. The sentence of the court below on the defendant of unfair sentencing (one year of imprisonment is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. Of the crime of fraud in paragraph (1) of the judgment of the court below, the summary of the charges No. 1 as to the part of the attached list of crimes (1) No. 270 million won per annum and KRW 123 million per annum, and KRW 5.5 million per annum in the judgment of the court below, the defendant was detained by a meeting on October 2013, 2013, and the defendant did not properly arrange the credit card and installments, etc. already used for the previous time against the victim who was in arrears with credit card due to overdue credit card payments, thereby making it difficult for him/her to live in South Korea because he/she is difficult for him/her to seek work. When receiving the credit card payment, he/she will make it difficult for him/her to receive the payment from the court of appeal to make it possible for him/her to receive the payment from the court of appeal as a stay of execution, and make it easy for him/her to adapt with society."
(b).