The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The lower court acquitted the Defendant on the charge of fraud among the facts charged in the instant case, but it fully recognizes the fact that the Defendant acquired money, and thus, the lower court erred by misapprehending the legal principles or misapprehending the legal principles.

B. Improper sentence of the lower court (six months of imprisonment, two years of suspended execution, two years of protection observation) is deemed unreasonable.

2. Determination

A. A. On January 14, 2015, the prosecutor held that the facts charged regarding fraud among the facts charged in the instant case were raised in the trial, and “The Defendant was on board the Busan KTX No. 101 train, which is managed by the victim K, who is an employee of the Korean Railroad Corporation, in the Seoul East-gu Seoul East-gu Seoul East-gu Seoul East-gu, and acquired pecuniary benefits by getting off the train as if the Defendant purchased the boarding pass although he did not have the intent or ability to pay the boarding fee, and by getting off the payment of KRW 40,40,000 of the operating fee between the Seoul East-gu Station and the East-gu Station.

“Around 06:50 on January 14, 2015, the Defendant was boarding the train in Yongsan-gu Seoul, Yongsan-gu, Seoul. Around 06:50, the Defendant, even though he did not purchase boarding tickets and did not intend or have the ability to pay the boarding tickets even if he was demanded to pay the boarding tickets after boarding the train, he was found to have purchased the boarding tickets, and used the train from the Seoul Station to the East Daegu Station.

Accordingly, the Defendant, by deceiving the employees of the Korean Railroad Corporation, was provided with train operation services from the Seoul to the Daegu Station, and acquired property benefits equivalent to KRW 40,400 between the Seoul Station and the East Daegu Station.

The amendment to “” was made, and the subject of this Court’s permission was changed, and the revised facts charged and the remaining facts charged that the court below found guilty should be sentenced to one sentence in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.