The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. Summary of grounds for appeal;

A. According to the evidence submitted by a mistake-finding prosecutor, the court below acquitted the defendant on this part, although the defendant could have acknowledged that he had obtained property benefits by inputting the authentication number on the cell phone of the victim without authority.

(b) The sentencing division and police officer (the first instance court: Imprisonment with prison labor for six months and two years of suspended execution);

2. An ex officio determination prosecutor filed an application for changes in indictment with respect to the facts charged which were found not guilty at the court below for the first time, and this court found the defendant guilty of selective addition of the facts charged as follows after permitting it. As such, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is so decided as follows.

[Grounds for the judgment of the court below] The facts constituting a crime and the summary of evidence acknowledged by the trial of the court below are as follows. The summary of the facts constituting a crime and the summary of evidence is as stated in the corresponding column, with the exception that "1. defendant's oral statement" in the summary of evidence is "1. defendant's oral statement" as "the defendant's oral statement of the court below".

(Article 369 of the Criminal Procedure Act). 3. Fraud related to the settlement of mobile phone small amount, computer, etc.

A. On May 13, 2016, the defrauded, despite the lack of intent and ability to repay the small amount of settlement on the grounds of Paragraph (1) above, the Defendant made contact to the victim and made a false statement that “if the transmitted small amount of settlement is known, he/she will pay it in advance.” On the same day, the Defendant entered the transmitted small amount of settlement number and information on the victim’s mobile phone (B) in the victim’s name, thereby making small payment amounting to KRW 10,890 in the victim’s name, thereby imposing the amount of the small amount of settlement on the victim and imposing the same amount of property.