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The judgment below
The part, excluding the rejection of an application for compensation order, shall be reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. Summary of grounds for appeal;
A. The defendant asserts that there is an error of law that affected the conclusion of the judgment by misunderstanding the fact that the defendant acquired each of the above amounts from the victim although he did not have obtained the money by deceiving the victim with the purpose of the crime Nos. 2 through 30 as to each of the crimes listed in the annexed crime sight table.
B. The Defendant asserts that the sentence imposed by the lower court (one year of imprisonment) is too unreasonable.
2. Determination
A. An ex officio determination prosecutor: “Total 318,861,085 won” in the facts charged at the trial is “total 318,861,085 won; “18,751,600 won” in the column of the date and place of the crime indicated in the annexed Table 3 as “2010.3.8” in the annexed Table 4 column of the annexed Table 4 as “19,751,600 won” in the “19,751,600 won” in the annexed Table 4 column of the annexed list of crimes; “Inasmuch as the above national bank account transfers from the above national bank account to the Defendant’s name at least seven times, the total amount of damages in the annexed list was no longer than 30,861,08,381,600 won in the annexed list to the Defendant’s account; “The above national bank account was transferred from the above national bank account to the Defendant’s name,” and “the total amount of damages in the annexed list was no more than 3081,3681,3085.5.
However, even if the above ground for ex officio destruction exists, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court within the scope of determining the changed facts charged, and this is examined in
B. The Defendant is a person who was de facto in a de facto marital relationship with the victim C in the facts charged with the determination of mistake of facts.
The defendant, on July 6, 2009, at the victim's house located in the D apartment in Kimpo-si, Kimpo-si, Kimpo-si, "Dong E.