The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for five years.

- Applicant E.

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The date and time of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes for Victims M among the criminal facts stated in the judgment of the court below ex officio is from around April 1, 2010 to around September 10, 2010, so statutory punishment for such crime is Article 3 (1) 2 of the former Act on Special Cases concerning the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 11304, Feb. 10, 2012); Article 347 (1) of the Criminal Act; Article 347 (1) of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; Article 42 of the former Criminal Act (amended by Act No. 10259, Oct. 16, 2010; Article 3 to 15 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes for Victims; Article 3 of the Act on the Aggravated Punishment, etc. of Victims shall be aggravated punishment from around 2130.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as stated in each corresponding column of the reasoning of the judgment below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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