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The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year and three months.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the Defendants (in case of Defendant A: imprisonment with prison labor for a year and six months, confiscation, and Defendant B: imprisonment with prison labor for a year and one year and three months) is too unreasonable.
[1] On February 21, 2017, after the period for submitting a legitimate statement of reason for appeal has expired, the Defendants’ defense counsel added a mistake of facts as follows in the statement supplementing the reasons for appeal.
A. From August 11, 2015, Defendant A, an accomplice, took part in the crime after August 11, 2015, and Defendant B took part in the crime at around September 2015.
B. Of the 153-year-old corporations in relation to the inclusion of the original copy of the process deed and the exercise of the original copy of the process deed, the Defendants and at least 1 to 5-year-old corporations established before August 11, 2015, which were committed by the Defendants and Defendant A, or the Defendants and at least 21,35,53,66,71, 73,82, 89, 90, 95, 107, 12, 122, 123, 124, 14, 315, 315, 315, 21, 31, 35, 150, 150, 150, 150, 150, 150, 150, 150, 150, 150, 150, 150, 200, 15
(c)
From among the cases of transfer of 487 bankbooks in relation to the violation of the Electronic Financial Transactions Act, ① the Defendants did not participate in the opening of the passbook, ② the accounts, etc. in which no deposit is made in the passbook opened are at least 134.
2. As to the aforementioned Defendants’ assertion of mistake of facts, the Prosecutor accepted most of the Defendants’ assertions on June 20, 2017 through the order to make a preparatory hearing on May 19, 2017, and modified the indictment as follows.
2. Determination
A. Prior to the judgment on the grounds for appeal by the Defendants by authority, the health room and the prosecutor’s office ex officio fall in the last end of paragraph (1) of the instant facts charged in the appellate trial.