Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

2. The instant crime of this case, based on the fact that the Defendant, through the Internet, obtained money from six victims in the name of the price for goods, is not good, and that the Defendant was sentenced to a fine for the same kind of crime, and that there was a record of being sentenced to a fine for a single time, etc., the Defendant should be punished strictly.

However, in full view of various sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion of unfair sentencing is unreasonable, since it is improper for the lower court to have too little degree of punishment, in so doing, the sum of the fraud amount of this case is less than 485,00 won, and the Defendant remitted all the amount of damage to the victims. The victim G, I, and M does not want the Defendant’s punishment.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column 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 provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;