The remainder, excluding the part of the application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment for a period of one and half years.

2. The Internet commercial transactions are conducted on the basis of the general trust in trading. The defendant's crime of fraud in this case is an disturbance in the order of such electronic commerce, mass production of a number of victims, and the quality of the crime is not good. In fact, a number of victims, including the victim of the fraud in this case, have occurred, and the damage has not been completely recovered, a sentence of imprisonment is inevitable against the defendant in light of the circumstances.

However, considering the circumstances such as the Defendant’s primary crime, the age is still small, the amount of damage by victim is relatively small, the Defendant appears to have recovered and agreed on certain victims in the first instance trial, and the Defendant is in depth divided into his mistake, the lower court’s sentence against the Defendant is somewhat unreasonable in light of all the sentencing conditions indicated in the records of this case, including the background leading up to the crime, the Defendant’s age, character and conduct, home environment, and circumstances after the crime.

3. If so, the application for a remedy order by AK, which is an application for compensation at the trial, is inappropriate as being filed after the closing of argument in the trial, and thus, it is dismissed pursuant to Article 32(1)1 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and the appeal by the defendant is reasonable, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act,

Criminal facts

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

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (Fraud) and the choice of imprisonment with prison labor for the crime.