All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of two years and two months.

An application for compensation filed by an applicant for compensation.

1. Summary of grounds for appeal;

A. The sentence of the judgment of the court below (No. 1: imprisonment with prison labor for 2 years, and imprisonment with prison labor for 2 months) is too unreasonable.

(b) the sentence of imprisonment with prison labor for the second instance judgment of the Prosecutor (two months of imprisonment) is too unhued and unreasonable;

2. The appeal case against the judgment of the court below was consolidated when the judgment of the court below was made ex officio. Each of the crimes in the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and the sentence should be imposed within the scope of the term of punishment, which increased concurrent crimes in accordance with Article 38(1) of the Criminal Act. Therefore, all of the judgment of the court below should be reversed.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the error of sentencing by the defendant and the prosecutor, on the ground that there is a ground for reversal as above, and the judgment below is all reversed in accordance with the above Article 364 (2).

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions for criminal facts, Articles 49(4)2 and 6(3)3 (a) of the Act on the Electronic Financial Transactions in which a punishment is selected, each of the following: (a) Article 347(1) of the Criminal Act; (b) Articles 347(1) and 30 (a) of the Criminal Act; (c) Articles 347(1) and 30 (a) of the Criminal Act; (d) Articles 347-2 and 30 (a fraud by using computers, etc.) of the Criminal Act; and (e) selection of imprisonment;

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

1. The reason for sentencing under Articles 32(1) and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (the scope of liability for compensation is not clear) is that the Defendant pretends to sell goods to many victims of good faith by using the hub of Internet commercial transactions.