1. The judgment of the court below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for two years;

3. Programs for treating sexual assault against the accused.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of mistake of facts (the fraud by defraudation of KRW 10 million) and the evidence submitted by the prosecutor, it can be sufficiently recognized that the Defendant received KRW 10 million from D on February 15, 2012 from the same day to the effect that “the victim, on February 15, 2012, stated that “the victim was 20 million of the amount to be returned to theG, which would have changed to another,” and obtained the victim’s deception. 2) The sentence of unfair sentencing is too uneasible and unjust.

B. On the other hand, the Defendant also appealed, but the Defendant did not submit the grounds for appeal within the submission period of the grounds for appeal, and the petition of appeal does not state the grounds for appeal.

2. We examine ex officio the prosecutor’s appeal before determining the grounds for appeal.

In the trial of the party, the prosecutor applied for the alteration of the indictment in exchange for the fraudulent part of the facts charged by defraudation of KRW 10 million among the facts charged, and since the subject of the trial is changed by this court's permission, the judgment of the court below is no longer maintained.

3. As such, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, and it is again decided as follows after the pleading.

Since both the facts of the crime and the summary of the evidence recognized by the court, the facts of the crime and the summary of the evidence are as stated in the judgment of the court below, they are cited as they are in accordance with Article

Application of Statutes

1. Relevant legal provisions concerning the facts of crime; Article 347(1) of the Criminal Act’s choice of punishment (the fraud, the choice of imprisonment with labor), Article 298 of the Criminal Act; Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act (the occupation of carrying or injuring dangerous articles);

2. Article 35 of the Criminal Act among repeated crimes;

3. former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

4. Discretionary mitigation;