The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. The summary of the grounds for appeal is that the Defendant committed the crime set forth in paragraph (1) of this Article and attached Table 31 in order to stop his mother from committing the crime and to prepare his living expenses thereafter. The Defendant committed the remaining crime. The total amount of damage is merely the amount of KRW 25 million, the Defendant’s health is very very unusual and poor, and the Defendant appears to have a great difficulty in living due to extreme difficulty in obtaining jobs when he was released from prison (two years and six months of imprisonment).

2. Before the judgment on the grounds for appeal by the Defendant’s appeal was examined ex officio, and the Prosecutor added the Defendant’s crime on June 30, 2014 as stated in the following facts of the crime, and the court applied for the change of indictment by permitting this to be tried. As the subject of the trial was changed, the lower court’s judgment, which is based on the initial facts of the offense, was no longer maintained.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is delivered as follows, on the grounds of ex officio reversal as seen earlier.

Criminal facts

[Criminal Power] On September 19, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for habitual fraud, etc. at the Seoul Central District Court, and completed the execution of the sentence on April 9, 2014.

【Criminal Facts】

On June 8, 2014, at around 11:10 on June 8, 2014, the Defendant falsely stated that “A victim E, an employee of Songpa-gu Seoul, is the president of the Foman Bank, and is in close relation with the president of the convenience store. There is a right to KRW 500,000,000 on a check, and will bring cash and tobacco immediately in advance.”

However, even if the victim receives cash and tobacco, there is no intention or ability to bring the checks.

The defendant.