The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

1. Summary of grounds for appeal;

A. 1) The Defendant was consented not only to the victim AS but also to the joining of a mobile phone under his/her name, on the part of the 4480 criminal facts, 2017 Highest 2017 Highest 20.

Therefore, the crime of writing such as private electronic records, the crime of gambling such as the electronic records, and the crime of fraud is not established.

2) The Defendant agreed to lend KRW 1,700,000 to the Victim CU as security three mobile phoness with the Victim CU and paid KRW 1.7 million in full to the Victim CU.

Even if the defendant paid only part of the loan, it is sufficient to pay the loan at that time, so fraud is not established.

B. The sentence of the lower court’s improper sentencing (four years of imprisonment) is too unreasonable.

2. An ex officio prosecutor filed an application for changes to a bill of amendment in the indictment [2017 order 4769] at the trial of the party (2017 order / [2017 order / 4769] as stated in paragraph 2 of the facts charged, and this court permitted it, and the part of the judgment below as to

B. As the lower court rendered a single sentence inasmuch as this part of the facts constituting a crime and the remaining facts constituting a concurrent crime under the former part of Article 37 of the Criminal Act, the part of the Defendant’s case in the lower judgment cannot be maintained as it is.

The judgment below

In the part of the defendant's case, there are grounds for reversal of the above authority, but the defendant's assertion of mistake about this part is still subject to the judgment of this court, which will be examined below.

3. Judgment on the Defendant’s assertion of mistake of facts

A. The facts charged by the lower court of the 2017 Highest 4480 criminal facts are different from the evidence examined by the lower court, and the victim AS of the trial witness of the party notified the Defendant of all the victim’s identification card, passbook, and password by providing the Defendant with a loan by selling a mobile phone.

The defendant will also join the Internet first.