The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

The summary of the reasons for appeal is that the punishment of the court below (500,000 won) is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Before the judgment on the grounds for appeal by authority, the prosecutor tried to examine the facts charged, and the prosecutor tried to examine the facts charged, “The defendant was sentenced on November 24, 2016 by the Jeonju District Court to imprisonment with prison labor for a maximum of one year and a short-term of eight months for special larceny, etc., and the judgment became final and conclusive on January 31, 2017.

The subject of the judgment of the court below is changed by changing to “Article 39(1) of the Criminal Act”, and the subject of the judgment of the court below is changed by this court's permission. Thus, the judgment of the court below can no longer be maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion and the prosecutor's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

1. On November 24, 2016, the Defendant was sentenced to imprisonment with prison labor for a short term of one year and eight months at the Jeonju District Court for special larceny, etc., and the judgment became final and conclusive on January 31, 2017.

2. The Defendant and B conspired to obtain money from the damaged party who puts up a notice on the Internet and made contact with the goods as if they sold the goods, in order to cover the cost of living and the cost of using the scambling, etc. as a result of the appearance of the goods and the lack of living cost without certain occupation.

B A around June 9, 2016, at a place where no address is known at the time of Jeonju, a notice was posted on “LG 5-on pop op op op op opp” on the Internet, and the Defendant contacted the victim D, who reported and contacted the notice, with the victim as if he/she were to deliver the cell phone.

However, even if the defendant and B receive the payment from the injured party, they have intention or ability to sell the mobile phone.