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The judgment of the court below is reversed.
Defendant
B Imprisonment with prison labor for ten months and for eight months, each of the defendants A shall be punished.
Reasons
【Judgment on Grounds for Appeal】
1. Summary of grounds for appeal;
A. The sentence of the lower court against the Defendants (Defendant B: 10 months of imprisonment, and Defendant A: 8 months of imprisonment) is too unreasonable.
B. According to the evidence submitted by the prosecutor (1) in collusion with X, Defendant A acquired money by deception, and Defendant X and Defendant A’s aiding and abetting the above fraud, the judgment of the court below which acquitted Defendant A of the above facts is erroneous by misapprehending the facts.
(2) The sentence of the lower court against the Defendants is too uneasible and unfair.
2. Prior to the judgment on each of the allegations by the Defendants and the Prosecutor, the prosecutor examined the part of the judgment of the court below as not guilty, i.e., the part of the judgment of the court below as to the fraudulent aiding and abetting Defendant B, and the facts charged as to the fraud against Defendant A, as stated in the separate sheet No. 1, and this court permitted the amendment of the indictment with the content that “Article 30 of the Criminal Act” is deleted from among the applicable provisions of the Criminal Act against Defendant A. The court added the facts charged as stated in paragraphs 3 and 4 of the changed facts charged, and applied for the amendment of the indictment with the contents that add “Article 30 of the Criminal Act” to the applicable provisions of the Defendant A, while maintaining the changed facts charged as mentioned above, the court allowed the amendment and changed the judgment by this court. The changed facts against the Defendants and each of the crimes that the court below found guilty should be sentenced to concurrent crimes under the former part of Article 37 of the Criminal Act, so the judgment below cannot be maintained.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, on the grounds of ex officio reversal.