The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

[Judgment on the Grounds for Appeal] In full view of the evidence submitted by the prosecutor as a whole, the court below acquitted the defendant on the grounds that the evidence submitted by the prosecutor was insufficient to prove the facts charged. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

Before the judgment on the grounds for appeal ex officio, the prosecutor examined ex officio prior to the judgment on the grounds for appeal of ex officio, the name of the defendant from “Embezzlement” to “Fraud”, and the applicable provisions of law to “Article 355(1) of the Criminal Act” to “Article 347(1) of the Criminal Act” as stated in the facts charged, and applied for an amendment to the amendment of indictment with the contents of the facts charged as stated in the following facts. Since this court permitted this, the judgment of the court below no longer

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows, without examining the prosecutor's grounds of appeal on the grounds of appeal.

[The reason for the judgment of the court below] The criminal defendant was a person who operated the D gas station in Ansan-si C, and has transacted with the victim F and petroleum since 2008, and he was willing to acquire money from the victim based on the victim's trust in the process.

On November 2012, the Defendant made a false statement to the victim’s “G office” in the victim’s operation “G,” which was located in Ansan-si, Sknsung-si, that the Defendant would purchase the booms with the Defendant’s boarding of the vessel, which was known during his service in a oil refining company prior to towing. When the vessel enters the vessel, the Defendant may purchase the b.50 million won via an advance payment, and supply the imported oil to the Defendant each month by purchasing the b.5 billion won on the face of the vessel.”

However, it is true.