The judgment of the court below is reversed.

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

(1) return No. 1 to the victim D.

1. The following facts are acknowledged according to the progress records of the case.

On July 12, 2002, the Defendant was sentenced to imprisonment with prison labor for one year and nine months (58 days of detention before the pronouncement of the judgment) due to fraud, etc. in the Daegu District Court Kimcheon Support.

On October 1, 2002, this Court reversed the judgment of the court below on October 1, 2002, and sentenced the defendant to one year and six months (including the number of days of detention before the judgment of the court below was pronounced). The above judgment became final and conclusive on October 9, 2002.

Since then, upon the defendant's request for retrial, this Court decided to commence the retrial on November 4, 2016, and the decision to commence the retrial became final and conclusive as it is, since no legitimate appeal has been filed within the appeal period.

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

3. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

A. The prosecutor changed the indictment to the effect that the defendant's name of the crime as to the part of Article 1 of the indictment is "thief" from "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief)" to "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Article 329 of the Criminal Act" and "Article 329 of the Criminal Act" are "Article 329 of the Criminal Act", and the defendant's application for changes to the indictment to the effect that the defendant's name of the crime as to the part of Article 1 of the indictment is changed to

B. According to the records on the latter part of Article 37 of the Criminal Act, the Defendant was sentenced to eight months of imprisonment with prison labor on November 11, 2009 by embezzlement, etc. at the Suwon District Court, which became final and conclusive on February 5, 2010. On August 31, 2016, the Defendant was sentenced to two years and six months of imprisonment with prison labor by habitual larceny, etc. at the Jung-gu District Court on September 8, 2016, which became final and conclusive on September 27, 2016, and was sentenced to two years of imprisonment with prison labor from the Daegu District Court Kimcheon-cheon branch on April 27, 2017 to the effect that the judgment became final and conclusive on June 22, 2017.