The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the prosecutor (1) misunderstanding of facts E’s investigation agency and the statement at the lower court, the lower court found the Defendant not guilty of the fraud committed on June 26, 2017, on the ground that the Defendant finally returned to the Republic of Korea on July 17, 2017, and thus, it erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

(2) The sentence of the judgment of the court below on unreasonable sentencing (two years of imprisonment) is too unhued and unreasonable.

B. Defendant: The sentence of the lower judgment on unreasonable sentencing is too unreasonable.

2. Determination

A. As to the prosecutor’s assertion of mistake of facts, the lower court acquitted the Defendant of the fraud of June 26, 2017 on the following grounds: (a) there is a reasonable difference between the Defendant’s consistent statement from the investigation stage; (b) the Defendant’s last period of stay in China is merely from July 12, 2017 to the 17th day of the same month; (c) the Defendant’s statement conforms to the Defendant’s statement; (d) the E’s statement is not dependent on specific memory; and (e) there is insufficient evidence to prove that the Defendant was involved in the singishing crime even after July 23, 2017, on the grounds that there is a lack of evidence to prove that the Defendant was absent from the public conspiracy relationship after June 23, 2017, and the evidence submitted by the prosecutor alone alone is insufficient to deem that the Defendant’s public conspiracy relationship with respect to the fraud crime committed on June 26, 2017.

In light of the records, a thorough examination of the above judgment of the court below is justified, and there is no error of law by mistake of facts as alleged by the prosecutor.

B. As to the prosecutor’s and the Defendant’s assertion of unreasonable sentencing, the instant crime is added to the Defendant’s participation in the so-called “Sishing” crime.