The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor ex officio examined the case, and the prosecutor applied for the amendment of a bill of indictment to the effect that the defendant's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) submitted by the prosecutor on April 24, 2013, which was submitted by the prosecutor on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the defendant is a clerical error, and as such, the defendant applied for the amendment of a bill of indictment to exchange the facts charged with

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence admitted by the court are as follows, and the summary of the evidence is as stated in each corresponding part of the judgment of the court below, except where the "court statement of the defendant" is added to the summary of the evidence as stated in paragraph (1) of the court below and the summary of the evidence is as stated in the summary of the

1. 사기 피고인은 위와 같은 업무상의 지위를 이용하여 고객들로부터 정기예탁금을 수신한다고 하여도 이를 조합에 입금시켜 관리하여 줄 의사가 없음에도 불구하고, 2007. 12. 19.경 익산시 D에 있는 피고인의 처남인 피해자 E의 집에서 E에게 “내가 우리 조합 과장 특권으로 다른 시중은행들보다 우대금리를 쳐 주겠다. 여윳돈이 있으면 정기예탁을 더 들어라”라고 거짓말을 하여 이에 속은 위 E으로부터 그의 아버지 F 명의의 정기예탁금 명목으로 5,280,000원을 교부받고, 5...