The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Of the facts charged in the instant case, the fraud is acquitted.

1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. The appellate court may decide on the facts that are not the reasons for ex officio, only when they are included in the petition of appeal submitted within the prescribed period, unless they are stated in the petition of appeal or otherwise included in the statement of reasons for appeal submitted within the prescribed period. However, as to the reasons for ex officio investigation, it must be decided without any need to decide whether or not the grounds for appeal have been submitted, or whether or not they are included in the statement of reasons for appeal (proviso of Article 361-4 (1) of the Criminal Procedure Act). Here, ex officio investigation of the grounds for appeal include not only the application of statutes or statutory interpretation, but also the obvious mistake of facts, and unfair sentencing. (See Supreme Court Order 2005Mo564 dated March 30, 2006, Supreme Court Order 2002Mo338 dated May 16, 2003, etc.). In light of the above legal principles, the judgment below's determination on the propriety of the facts charged in the judgment below as to the defendant E ex officio is justified.

The summary of this part of the facts charged is as follows: “The Defendant, around January 15, 2014, entered the victim E with the right to use a mobile phone and dispose of the mobile phone so provided, made a false representation as if he/she were duly delegated by C.

However, the defendant did not have been delegated with the above authority by C, and was willing to provide money by purchasing a new mobile phone use service with the qualification of agent, and then disposing of the mobile phone provided accordingly.

The defendant deceivings the victim as such and is equivalent to the market price of 931,340 won from the victim's seat.