A defendant shall be punished by imprisonment for a term of one year and four months.

A. In fact, the Defendant was aware that he/she sold household goods as if they were in fact, but did not have the intention to acquire only the purchase price from the beginning, and he/she was aware of the fact that D attempted to acquire only the purchase price on January 10, 2016.

B. The sentence of the lower court’s improper sentencing (one year and eight months of imprisonment) is too unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

In the trial of the case, the prosecutor applied for changes in the indictment to the effect that the indictment of this case is changed as stated below (the judgment used again), and the judgment of the court below is no longer maintained as the case is changed by this court's permission.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's mistake of facts and the unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

[Judgment used again] On October 28, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Central District Court, and the execution of the sentence was terminated on May 10, 2015 at the Seoul Detention Center.

The Defendant, at around August 2015, was able to receive money from customers by opening an Internet shopping mall in which the Defendant was living in Guro-gu, Seoul, the fourth floor in which the Defendant leased and resided, together with D and D elementary school's original residents, and D elementary school's original residents, in which D and D elementary school is aware of during the veterinary life of the Seoul detention center, and in which the Defendant was willing to receive money from customers by means of delivering household goods in fact by opening an Internet shopping mall and delivering household goods. D is in charge of attracting customers by advertising products and sales prices on the Internet shopping mall website while actually operating the above Internet shopping mall business. The Defendant is D.