A defendant shall be punished by imprisonment for four months.

2. Determination is recognized that the Defendant recognized the instant crime and reflects his mistake, the degree of damage is relatively minor, the Defendant’s economic situation is not sufficient, and there is a family member to support the instant crime.

However, each of the crimes of this case was acquired by deceiving a number of people who desire to purchase goods from "Jinna", which is an electronic commerce site used by an unspecified number of people. Since such fraud disturbs the order of electronic commerce and leads a large number of victims, it is necessary to severely punish them. It has previously been punished several times due to the fraud of the same or similar methods. In particular, on April 8, 201, the Busan District Court sentenced eight months to imprisonment for fraud, etc. on August 5, 201 and completed the execution of the punishment, and again committed the crime of this case during the period of repeated offense, and reached an agreement with the victims up to the trial.

In full view of the fact that there is no evidence to support the victims’ efforts to recover damage, and other various circumstances, including the Defendant’s age, environment, family relationship, occupation, and the background of the instant crime, etc., the sentence of the lower court is somewhat unreasonable and unreasonable.

Therefore, prosecutor's assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;