The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (one year of imprisonment) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The crime of fraud in the Internet goods transaction, such as the crime of this case, is committed against many and unspecified persons, thereby seriously disturbing the order of Internet commercial transactions and impairing the foundation of social trust.

There are 29 victims, and the total amount of damage is about 4 million won.

The Defendant committed the instant crime, even though he had the record of criminal punishment four times in the Internet goods transaction fraud crime under several laws identical to the instant crime, in addition, committed the instant crime.

Moreover, there is a high possibility of criticism because some of the frauds are likely to avoid committing the crime at the time of being investigated by the investigative agency, and immediately repeating the crime of fraud.

On March 21, 2013, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended sentence for larceny, etc. at the Gwangju District Court on March 21, 2013 and the judgment became final and conclusive on the 29th of the same month. Part of the instant crimes

On the other hand, the following conditions are favorable.

In the first instance, 18 victims have repaid the total amount of 2.4 million won to 18 victims, thereby recovering part of the damage, and agreed with 6 victims.

There is no record of criminal punishment exceeding a fine for the same crime.

In addition, various sentencing conditions shown in the argument of the instant case, such as the background of the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., and the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Commission (one year to two years and six months) shall be subject to the aggravated area or multiple unspecified victims, or repeatedly for a considerable period.