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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The sentence of the original court (one year of imprisonment) shall be too unreasonable as to the summary of the grounds for appeal.
2. Prior to the judgment on the grounds of ex officio appeal, the prosecutor examined ex officio on the date of the third trial of the trial of the court of first instance, and the prosecutor applied for amendments to the indictment with the content that "the defendant was informed of the victim as above of the charge Nos. 2, 17, and 18 of the indictment among the facts charged on the third trial of the court of first instance (Seoul District Court Decision 2017Da6323) and received one of the JWW car at the market price of the same day from the victim, which is equivalent to 88,000,000,000 won from the victim." Since the court below was permitted to change this part of the indictment, the defendant's deception by deceiving the victim and then its member obtained one of the vehicle for JWW car on July 15, 2016 from the victim, and then it was impossible to maintain this part of the judgment below.
3. If so, the judgment of the court below is reversed in accordance with Article 346 (2) of the Criminal Procedure Act without examining the argument of unfair sentencing, and the judgment below is reversed and it is again decided as follows after oral argument.
[C] The Criminal facts and the summary of evidence admitted by this court are false as stated above in the judgment of the court below for the crime and summary of the evidence. The defendant was provided with one JMMMMMMM vehicle on July 15, 2016 and returned the above vehicle to the victim on July 29, 2017, but did not pay approximately KRW 13 million and approximately KRW 45.9 million for the penalty incurred between the lessee and the lessee on July 15, 2016, "the defendant acquired property benefits equivalent to the same amount." The defendant deceivings the victim as above, and received 1 WM vehicle from the victim on July 15, 2016 and received 1 WM vehicle on July 14, 2016.