The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The sentence of a fine of KRW 3 million imposed by the court below is too unfilled and unreasonable.

2. The judgment is recognized that the Defendant recognized all the facts charged of the instant case and reflects his mistake, and that the Defendant appears to have fully repaid the amount of damage to the victims, but, on the other hand, the instant crime is deemed to have been committed by deceiving the money in the name of sales proceeds from many victims who reported and contacted the false sales on the Internet bulletin board, in light of the method of crime and the frequency of the crime, etc., the crime is not good, and the Defendant continues to repeat the crime even if he was subject to criminal punishment twice or a fine for the same crime committed in 2016, and thus, is highly likely to repeat the crime.

Considering the fact that the defendant has been subject to juvenile protective disposition several times, the defendant's age, sexual conduct, environment, family relationship, circumstances after the crime, etc., the court below's punishment is too unfasible and unfair, and the prosecutor's assertion is reasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment 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. 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. Article 62 (1) of the Criminal Act on the suspended execution;