The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. Summary of grounds for appeal;

A. Of the judgment of the court below, the Defendant misleads the victim C by practically using D as a tool, thereby deceiving the victim C.

Therefore, this part of the crime of fraud is recognized to the defendant.

B. The sentence of the lower court’s unfair sentencing (two years of suspended execution for one year of imprisonment, and eight hours of community service) is too uneasy and unreasonable.

2. In the case of ex officio determination, the prosecutor applied for the modification of the indictment with the same content as the previous facts charged on the fraud of the victim C [the reasons for the judgment using the previous facts charged on the fraud of the victim] among the "a summary of the facts charged and evidence" [the additional facts charged], and this court permitted this.

Therefore, the relevant part of the judgment of the court below is no longer maintained as the subject of the judgment was changed.

This part of the facts charged and the remaining facts charged that the court below found guilty are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38 of the Criminal Act. In this respect, the part of the judgment of the court below against the defendant in its entirety cannot be maintained.

However, among the grounds for appeal by the prosecutor, the misconception of facts and misapprehension of legal principles are related to the judgment of the court below as to the existing facts charged, and as long as the facts charged are changed with permission for modification of indictment as above, the court below did not decide the legitimacy of the above assertion, and then it should be determined as to the changed facts in the "grounds for the judgment

3. The judgment of the court below against the defendant is reversed in accordance with Articles 364 (2) and 364 (6) of the Criminal Procedure Act without examining the prosecutor's mistake of facts, misunderstanding of the legal principles and improper assertion of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

【Grounds for a new judgment】 Summary of facts constituting an offense and evidence is recognized by the court.