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The judgment below
Of them, the part against the defendant (excluding the part of the compensation order) shall be reversed.
Defendant shall be punished by imprisonment for three years.
Reasons
1. The gist of the grounds for appeal is that the Defendant did not commit a similar act against the victim BD (No. 314 per annum of crime committed in the judgment below) or acquired money by deceiving the victim BD.
“The Prosecutor argued that the Defendant was erroneous, and the Prosecutor withdrawn the Defendant’s assertion that the Defendant was erroneous in filing an application for changes in indictment with the content that deleted the part regarding the victim BD.
(Unfair of Sentencing) The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.
2. Ex officio determination
A. The prosecutor applied for changes in indictment with respect to the application for changes in indictment, and the court made a decision to grant permission.
However, since the second part of 314 (BD) of the year table of crime in the holding of the court below is in a concurrent relationship between the remaining crimes of the defendant and the other crimes under the former part of Article 37 of the Criminal Act, the deletion of the part at least 314 (314) of the crime committed in the holding of the court below constitutes the revocation of the prosecution as it withdraws part of the facts charged, and the cancellation of the prosecution is not allowed in the appellate court (Article 255 (1) of the Criminal Procedure Act). This part of the indictment is not effective.
Therefore, this Court has cancelled the ruling of permission of prosecutor's modification of indictment and rejected it.
This part of the facts charged is still subject to the judgment of this Court.
With respect to the case of "2017 Highest 3659"
1. From the end of the charge No. 1 to the second part of the charge, the lower court received 3,874,269,402 won from 292 investors via a total of 758 occasions and received similar remittances.
“The act of receiving similar amounts of KRW 3,784,269,402 from an investor 291 on a total of 757 occasions.”
- - the change to -:
2. From the end of the charge No. 2 to the second part of the charge, the defrauded acquired KRW 3,874,269,402 through a total of 758 times from 292.
c. 3.57 times in total from 291 investors.