The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. According to the evidence submitted by the Prosecutor’s summary of the grounds for appeal, even if the Defendant did not have the intent or ability to provide the victims with the malicious instruments even if he received the malicious instruments payment, the court below acquitted the Defendant by misunderstanding the facts, and thereby acquitted the Defendant.

2. According to the following facts and circumstances acknowledged by the judgment of the court below and the evidence duly adopted and examined by the court below as to the grounds for appeal, all of the facts charged in this case are found guilty.

The prosecutor's assertion pointing this out is with merit.

The Defendant actually operates the “E” and the “E” (hereinafter referred to as the “instant shopping mall”) by importing and selling musical instruments from abroad.

B. On February 26, 2013, the Defendant received 533,000 won from the Victim F as the price for the goods “KIKO W-6500”.

However, on February 26, 2013, the victim F, from the investigative agency to the trial, listened to an explanation from the Defendant that he/she can receive the keyboard after a monthly amount of time from the Defendant’s telephone (O) and made the payment first. After that, the Defendant and the Internet did not contact by telephone or online bulletin board, or did not inform the Defendant of the specific date that the Defendant could receive the keyboard, and the statement is credibility.

around April 2013, the victim F filed a complaint with an investigative agency on the charge of fraud.

C. On March 4, 2013, the Defendant received 322,000 won as the price for goods from the victim H under the name of “non-sophical friphone fluor fluor fluor fluor fluor”.

However, the victim H, after the month when the investigative agency remitted the amount to the defendant, deliver it to the Internet bulletin board 1:1.