A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2. In light of the following: (a) the act of acquiring money against many unspecified persons by taking advantage of the sales of goods through the Internet, such as each of the crimes in this case, as the crime in this case, is disturbing the Internet commercial transactions and encouraging the uncertainty of transactions; (b) thus, the nature of the crime and the criminal intent are very significant; (c) the Defendant was unable to agree with the victims because it was impossible for the victims to recover damage; and (d) the Defendant had a history of being subject to suspended execution and a series of fines for the same kind of crime, it is necessary to punish the Defendant with strict punishment.

However, in full view of the following factors: (a) the Defendant recognized all of the instant crimes and against his mistake; (b) the amount of damage caused by each of the instant crimes is relatively small; and (c) other factors of sentencing indicated in the records of the instant case, such as the Defendant’s age, family environment, and circumstances before and after the instant crimes, the sentence imposed by the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 346 (6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Special Consideration in favor of the defendant in the preceding sentence);