The judgment of the court below is reversed, and the case is remanded to Cheongju District Court Panel Division.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The modification of the indictment is permitted only to the extent that the identity of the facts charged is recognized, and where the prosecutor applies for the modification of the indictment to the effect that the facts charged are added to the facts charged, the court shall dismiss the application for modification. The identity of the facts charged is maintained if the social factual relations, which form the basis of the facts, are the same in the basic point of view. However, when determining the identity of these basic facts, the defendant’s act and its social factual relations shall be based in mind, and normative elements shall also be considered.

(See Supreme Court Decision 201Do3469 Decided April 13, 2012, supra). 2. A.

According to the records, the prosecutor prosecuted the victim G on the criminal facts that "the defendant conspireds with the victim G to file an application for auction when transferring the shares of the instant right held by the party to the judgment below, and made it possible for H to make a lot of dividends by clarifying the false claims of H, a right holder of another right to collateral security (hereinafter "the agreement of this case")" (hereinafter "the agreement of this case"), thereby deceiving the victim, thereby obtaining a transfer registration of the shares of this case in the name of the defendant A, and obtained a transfer registration of the right to collateral security in the name of the defendant. The defendant was transferred the shares of this case from the victim on November 2, 2011 while the trial of the first instance is pending, after making the agreement with the victim, and thus, according to the agreement of this case, the claim of H, a right holder of other right to collateral security, was deleted by clarifying the false claims, and proceeds from auction by conducting the auction.