The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. Defendant (Definite misunderstanding of facts and unreasonable sentencing) 1) misunderstanding of facts as stated in the judgment of the court below, the Defendant was present at the time when the Defendant talks with the victim about the construction of inspection, etc., and the victim deposited some of the money with the passbook of the Defendant. However, the Defendant did not recognize the fact that B made a false statement to the victim, and the money deposited from the victim was immediately remitted to B, so the Defendant cannot be deemed as deceiving the victim in collusion with B, and it cannot be said that the Defendant had the criminal intent to defraud the victim. 2) The lower court’s punishment of unfair sentencing (one hundred months of imprisonment) is too unreasonable.

B. The prosecutor (unfairness) trial of the lower court was conducted by public notice, and the Defendant did not have an opportunity to present the grounds for sentencing. Thus, the appellate court filed an appeal in order to provide the Defendant with an opportunity to attend and present his/her arguments and to pay damages.

2. The prosecutor at the appellate trial filed an application for amendments to the indictment with the following purport: “The Defendant, in collusion with the above-mentioned person and received the property by deceiving the victim” in the last action of the facts charged, the prosecutor at the appellate trial stated that “The Defendant received the property by deceiving the victim and receiving the property.” This Court permitted this.

However, although the form of the amendment procedure is withdrawn, it is difficult to see that the object of the trial is changed to the extent that it affects the defendant's exercise of his/her right to defense, and its substance is just correct error or error in the indictment, and it is reasonable to see that it falls under the correction

Therefore, the subject of this Court's adjudication is still the same as that of the original court's adjudication.

The grounds for appeal shall be examined ex officio prior to the judgment.

(a) Death penalty, life imprisonment, or imprisonment with or without prison labor exceeding ten years;