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All the judgment below is reversed.
Defendant
B A person shall be punished by imprisonment for six months.
Defendant
A shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. According to the misunderstanding of facts and misapprehension of legal principles and evidence submitted by the prosecutor against Defendant A, although at the time of the instant case, Defendant A knew that Defendant B could not fully pay a loan to the victim KB Capital Co., Ltd., Defendant B, in collusion with Defendant B, obtained the loan under his own name, delivered it to Defendant B, and obtained the above loan by fraud, and had the intent to commit fraud, the judgment of the court below acquitted the above Defendant of the facts charged, which is erroneous in the misapprehension of legal principles and in the misapprehension of legal principles.
B. On May 3, 2016, Defendant B received a written notification of the receipt of the trial record from this court, and did not submit the written statement of the grounds for appeal within 20 days from the date of submission of the lawful grounds for appeal, and the petition of appeal does not contain any grounds for appeal, and there is no ground for ex officio examination on the records.
2. Prior to the judgment on the grounds for appeal ex officio, the public prosecutor applied for amendments to the indictment to add “a person who, although the defendant purchased a vehicle, is unable to obtain a loan on the part of the defendant’s credit,” to the back of the first instance judgment among the facts charged in the instant case against the defendants at the trial,” and since the subject of the judgment was changed by this court’s permission, the judgment of the court below was no longer maintained.
3. Although the prosecutor's assertion of misunderstanding the facts and misapprehension of the legal principles on the prosecutor's assertion of misunderstanding the facts (as to the defendant A), the defendant A conspired with the defendant B to obtain the property of the victim KB Capital Co., Ltd. and had the intent to obtain the property by fraud.
The prosecutor's assertion of mistake and misapprehension of legal principles is still this Court.