The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 and 2 shall be confiscated, respectively.

1. Summary of grounds for appeal: Imprisonment with prison labor for one year and confiscation;

2. Before the judgment on the grounds for appeal ex officio, the prosecutor examined ex officio prior to the judgment on the grounds for appeal of ex officio, and the prosecutor applied for changes to the indictment as stated in the following facts constituting the crime, and since this court permitted this, the judgment of the court below was no longer maintained.

3. In conclusion, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without any need to decide on the grounds of appeal on the grounds of appeal on the grounds of ex officio reversal.

[The reasons for the judgment which was written] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the facts constituting the crime of the court below are as follows: "The defendant, in collusion with the total liability, acquired KRW 76.7 million from the victim (29.7 million won in cash delivery amount)." The summary of the evidence "1. The defendant's partial statement" is the same as the corresponding column of the court below's judgment, except for the case where "1.1. defendant's court statement" is deemed as "the defendant's court statement at the trial of the court of the court of the court of the court of the first instance". Thus, it is cited pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act for forfeiture seems to have been agreed with the victim to have considerably eliminated the infringement of legal interests caused by the crime, and the health of the defendant is not very good.

However, the defendant committed a crime of the same kind without being aware of the suspension of execution, and again committed a crime of the same kind during the suspension period. In light of the characteristics of the crime of this case, the necessity of strict punishment is very high.

Other punishment equivalent to the order shall be determined in consideration of the degree of damage, motive and details of the crime, character and conduct, environment, etc. of the defendant.