Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles (related to the case of 2019Sang564) 1) this part of the facts charged is not specified. It did not clearly state which part of the facts charged was not specified. 2) The Defendant did not commit the crime of defraudation and deception against the victim G.
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.
2. Determination
A. Determination of misunderstanding of facts or misapprehension of legal principles on the assertion of unspecified facts in the facts charged must be made that the facts should be specified by specifying the date and time, place, and method of the crime (Article 254(4) of the Criminal Procedure Act). In the case of this part of the facts charged, the date and time of the crime shall be “in December 25, 2015,” and the place shall be “in the Gangseo-si F market,” and the method and method of fraud shall not be “in the same time, the amount of money 20 million won shall be received at once,” and the interest thereon shall be more than KRW 40,000 and KRW 100,000,000,000 shall be paid in advance within 25 days after the date and time of the crime was stated, and the defendant shall not be deemed to have been paid if 25 days have elapsed after the date and time of the crime was stated, and the defendant shall not be deemed to have any reason to have any specific effect on the defendant’s debt of the victim’s 200 million won.”