Defendant shall be punished by imprisonment for a term of one year and six months.

A. Error of facts (Fraud) The Defendant attempted to steal the wallets, etc. in the cater during the period when the Victim S, the main place of which is the Defendant, was the victim, to enter the main place, and prepared the safe place, but failed to do so, and there was only one disease of the victim, which is the victim's service, and did not receive any alcohol and the safe place equivalent to the market price of KRW 600,000,00, and there was no intention to commit the crime of defraudation.

Therefore, the judgment of the court below which convicted the fraudulent part of the charges is erroneous by misunderstanding the facts and affecting the judgment.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Before the judgment on the grounds for appeal by the defendant due to changes in indictments, the public prosecutor applied for changes in indictments to the facts charged in the fraudulent part at the trial as follows. Since this court permitted changes in the subject of the judgment, the fraud part of the judgment of the court below cannot be maintained.

However, since the lower court rendered a single sentence on the grounds that the fraudulent part and the remaining convictions in the judgment of the lower court are concurrent crimes under the former part of Article 37 of the Criminal Act, the lower judgment cannot be maintained in its entirety

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for ex officio reversal.

[Revised charges] On September 26, 2015, around 03:02, the Defendant: (a) performed drinking in the “Tju store” operated by the victim Ss (Woo, 45 years of age) in Bupyeong-gu Incheon, Incheon; and (b) 3 male in the week after 10 minutes; (c) prepared for the two weeks and the two weeks; and (d) changed from the one’s illness before the other’s misperception.

"......"

However, in fact, the defendant tried to steal the bank that had been in the account room between the victim's entering the bank and making it safe.