A. Defendant 1) Although there was no intention to commit fraud by mistake of facts against the Defendant, each judgment of the court below which recognized the establishment of fraud against the Defendant is erroneous. 2) Each sentence of unfair sentencing (the judgment of the court of first instance: imprisonment with prison labor for a period of one year and six months, and the judgment of the court of second instance: fine of three million won) is too unreasonable.

B. Each of the above forms of the lower court’s judgment is deemed to be too unhued and unreasonable.

2. Determination

A. The Defendant and the prosecutor filed each appeal against the judgment of the court below regarding the consolidation, and the court decided to consolidate each appeal against the judgment of the court below in the first and second instances.

However, as long as the court maintains imprisonment with prison labor and fines sentenced by each court below as follows, it does not necessarily require that the same type of punishment should be selected for several crimes and sentenced to an aggravated punishment pursuant to Article 38(1)2 of the Criminal Act, the court shall not reverse the judgment below on the ground of the merger itself.

The grounds for appeal by the defendant and prosecutor are changed.

B. The defendant asserts that there was no criminal intent to obtain money from the victims since he/she performed a considerable portion of the production work on the Internet homepage, etc. which was requested by the victims, and some contract which was not performed properly, which was received from the victims after the termination of the contract, and thus, he/she did not intend to obtain money.

However, in full view of the following circumstances revealed by the evidence duly adopted and examined by the court below and the court below, the defendant is judged to have received money from the victims by making false statement that the victims would produce within the agreed time limit even though they did not have the intent or ability to perform the work requested by the victims. Therefore, the criminal intent of defraudation is also the crime of fraud.