The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

1. The summary of the grounds for appeal is too unreasonable that the punishment (two months of imprisonment, two years of suspended execution, two years of probation, and one hundred and twenty hours of community service) of the original judgment is too unreasonable;

2. Although the judgment of the court below is recognized that the amount of fraud of this case reaches approximately 55 million won, there are many victims, and it is not good to be a crime in that it harms the trust in transactions through the Internet, it seems that the punishment of the court below is somewhat heavy considering various sentencing factors indicated in this case, such as the defendant's age, character and conduct, occupation and environment, circumstance and result of the crime, and circumstances after the crime.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);