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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for six months.
provided that this ruling has become final and conclusive.
Reasons
Summary of Grounds for Appeal
Defendant (unjustifiable sentencing on the part of the offense) was sentenced to imprisonment with labor for six months (six months of imprisonment) and thus unfair.
According to the prosecutor's statement (misunderstanding of facts as to the acquittal portion) victim E, despite the fact that the defendant received USD 1,000 from the victim on May 20, 2007, the court below found the defendant not guilty of this part of the facts charged on the ground that there is no proof as to the above facts.
Judgment
In light of the equity between the judgment of the court below and the crime of fraud in the latter part of Article 37 of the Criminal Act, it is acknowledged that the sentence of the court below is heavy in view of the equity between the judgment of the court below and the case of fraud in the latter part of Article 39(1) of the Criminal Act.
The summary of this part of the facts charged (not guilty part) by deceiving the victim as stated in the facts charged in the judgment of the court below, and by obtaining USD 1,000 as stated in No. 6 of the crime sight table in the judgment of the court below, the defendant acquired it.
The lower court found the Defendant not guilty on the ground that the evidence submitted by the prosecution alone lacks evidence to acknowledge that the Defendant received the above money from the victim, and this part of the facts charged constitute a case where there is no proof of
Although there is each statement at the investigative agency and the court of the court below that corresponds to the fact that the defendant received the above money as evidence, the defendant consistently denies the above money from the investigative agency to the court of the court of the court. On the other hand, on September 26, 2006, the amount other than the above US$ 10 million on May 20, 2007 and the above US$ 20 million on May 20, 2007, was transferred to the account.