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The judgment below
Part concerning Defendant A and B shall be reversed, respectively.
Defendant
A Imprisonment with prison labor for a year and for a defendant B.
Reasons
1. Summary of grounds for appeal;
A. The prosecutor (unfair sentencing on both the defendants) sentenced by the court below to the defendants, each of whom the court below sentenced to the defendants (one year of imprisonment, one year of imprisonment, ten months of imprisonment, and one year of a suspended sentence in April) is unfair.
B. Defendants 1) Defendant A, B (Definite or misunderstanding of legal principles), and F and J established mainly for the purpose of distributing advertising leaflets and receiving commission fees from all Defendant A, B (Definite or misunderstanding of legal principles), and had independent revenue sources. The Defendants had the intent and ability to pay for the cost of using devices and communication fees for the business purpose opened in the name of Abrate employees, and actually paid to Defendant C the cost of using devices and communication fees to the mobile carrier until they exceeded each of the instant companies.
It is difficult to see that the Defendants did not deceiving the part-time employee, and that they had the criminal intent of deceiving the Defendants.
2. Ex officio determination
A. For the first instance of the charges against Defendant A and B, the Prosecutor changed the part of the fourth sentence of the charge to the effect that “from that time to March 30, 2012, the 119 victims have opened a mobile phone equivalent to KRW 103,527,60, as indicated in the attached list of crimes, and that the third party LGplers has allowed the victims to acquire the same amount of claim from that time to March 30, 2012,” which read “from that time, the Prosecutor had 92 victims open a mobile phone equivalent to KRW 81,932,40, and KRW 400, and had the third party LGplers acquire the same amount of claim from that time to March 30, 2012, No. 81,932,400, which is included in the attached list of crimes, and deleted the same amount of claim from that time to March 30, 2012.”