Defendant .

A. The punishment sentenced by each court below (No. 1 and No. 2) (No. 1 and 2: imprisonment with prison labor, No. 1 and imprisonment with prison labor, No. 2: 4 months) is too unreasonable.

B. The prosecutor (the judgment of the court of first instance against the judgment of the court below)’s sentence is too unfluent and unfair.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the appeal case against the lower judgment was consolidated in the first instance court’s judgment. Each of the offenses in the judgment of the lower court is concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, among the lower judgment, the part of the lower judgment except the order for compensation for the first instance judgment cannot be maintained.

3. According to the conclusion, the judgment of the court below is reversed, and the part of the judgment below excluding the order for compensation for the first instance judgment among the judgment of the court below pursuant to Article 364 (2) of the Criminal Procedure Act is reversed without further proceeding to decide on the unfair argument of sentencing by the defendant and the prosecutor, and following the pleadings are determined as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each 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 of the Criminal Act and Article 347 (1) of the Criminal Act (the point of fraud) and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;

1. Where he/she commits a crime against an unspecified or large number of unspecified victims, or repeatedly commits a crime for a considerable period, in the aggravated area (one year to two years) of Class 1 (less than KRW 100,00) in general frauds (one year to six months) on the sentencing guidelines;

2. The Defendant, who has rendered a sentence, posted a notice to sell valuable goods on the website.