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The judgment of the court below is reversed.
Defendant
A and B shall be punished by imprisonment with prison labor for three years and six months, and by imprisonment with prison labor for ten months.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 3 years and 6 months, and 10 months) that the court below rendered is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
In the first instance of the trial, a prosecutor shall change the facts constituting the crime as stated below (the reasons why the judgment is written). The prosecutor applied for changes in the list of crimes as stated in the judgment of the court below with the contents that the list of crimes is changed as stated in the annexed list of crimes, and this court permitted this, thereby changing the object of the judgment.
Therefore, the judgment of the court below is no longer maintained.
3. The judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the Defendants’ assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows.
[Along with the reasoning of the judgment of the court below, the criminal facts recognized by the court of this case are modified as follows: "total 706,119,604 won from total 78 victims"; "total 797,69,604 won from total 78 victims"; "total 78 victims from total 78 victims"; "total 683,19,604 won from total 76 victims from total 78 victims"; and the last sentence of the criminal facts in the judgment of the court below [the part used] are modified as stated in the judgment of the court below, and it is identical to the corresponding column of the judgment of the court below, except for the replacement of each crime list into the annexed list of crimes. Thus, it is accepted as it is in accordance with Article 369 of the Criminal Procedure Act.
[Supplementary measures taken by Defendant C, in collusion with “D” and received KRW 9,560,00,00 from March 15, 2016 to April 18, 2018, Defendant C entered 1-3, 5-28, 30-40, 42-62, 64-71, 73-74, 76-7, 80-82, 84-87, 89-87, 89-92, 95, and 97-16 among the list of crimes in the attached list of crimes.