The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged in the instant case, the victim I.

1. Ex officio determination following the amendment of facts charged

A. The judgment of ex officio was made at the trial, and among the facts charged in the instant case, the larceny part of the instant charges was modified to Articles 329 through 347(1) of the Criminal Act, and the instant court changed the scope of the applicable provisions into that of Articles 329 through 347(1). As such, the judgment of the court below cannot be maintained

However, the defendant's assertion of misunderstanding of facts is still included in the scope of the trial of the political party, despite the above reasons for ex officio destruction.

B. Around 00:50 on June 28, 2012, the revised charge: (a) around 00:50 on June 28, 2012, the Defendant changed the following facts: (b) considered the victim’s Haba-in store “H” in the “H” store in Seongbuk-gu Seoul Metropolitan Government, as if the victim’s market price was 1.5 million won; (c) considered the victim’s scopic scopic scopic 50cc in each scopic lub (J) at the victim’s market price

However, the defendant did not intend to return the above Oral Sea again to the victim after the driving is completed even if he received the Oral Sea from the victim for the purpose of trial operation.

Nevertheless, the Defendant, by deceiving the victim as above, received the above Obaba under the pretext of trial operation from the victim, and then drive the above Obaba without returning it to the victim, thereby deceiving the victim with the above Obaba in the amount of KRW 1.5 million at the market price.

2. Summary of grounds for appeal;

A. Error of facts (the fraud against the victim I) is considered to have fallen in the vicinity of the Seongbuk-gu Seoul Metropolitan Mobropool zone while the defendant was running a 50cc red schob (hereinafter “the instant stoba”), and the starting fuel was considered to have fallen in the vicinity of the sexual stove zone located in Seongbuk-gu Seoul Seongbuk-gu 4, and on the next day, the human body is adjacent to the instant cGV building near the instant stove.