The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. Although the Defendant, as a misunderstanding of facts, asked J et al. to post a gymmetric sales text and asked the J et al. to do so, he did not know the subsequent progress.

Therefore, the defendant deceivings victims in collusion with a person who was in a false name.

shall not be deemed to exist.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for ex officio appeal, the prosecutor applied for the amendment of the indictment to the indictment of this case as follows, and the court permitted the amendment of the indictment of this case as stated below. Since the subject of the judgment was changed in the first instance, the judgment of the court below cannot be maintained further.

[Revised charges] The Defendant conspired to acquire money from victims under the name of the victim in a way that he/she would transfer the physical exchange price to the E bank account (Account Number (F) in the name of D if the contact between the victims who intend to purchase the physical exchange and the victims who want to purchase the physical exchange, after having a third party post a notice of the physical exchange sale to the Internet B car page C.

On March 27, 2018, the Defendant, using R, linked to W’s mobile phone numbers issued by a person in a false name, requested J to sell “K” sportsization owned by the Defendant on behalf of the Defendant, and posted it to B Kaf P.C.

Accordingly, on March 28, 2018, the J posted a notice on the “C” bulletin board, stating “C sells K for KRW 12.10,00,00,000,” and the name influencies will send a physicalization when transferring KRW 1.210,000 to the E bank account in D (Account Number:F) by the victim who reported and contacted the above writing.

The term "" refers to the following.

However, the facts are the intention or ability to send a physical exercise even if the defendant and the non-person receive money from the victim L.