The judgment below

The part of the defendant's case against the defendant shall be reversed.

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

1. The gist of the grounds for appeal is that of the lower court’s punishment (one-year imprisonment and one-year short-term eight months) is too unreasonable.

2. Before the judgment on the grounds for appeal ex officio, the defendant was examined ex officio, and the defendant was CE and was a juvenile under Article 2 of the Juvenile Act at the time of the judgment of the court below, but the defendant was no longer a juvenile under the Juvenile Act since he was at the age of 19 years after the judgment of the court below was pronounced, and therefore, the part of the defendant's case against the defendant, among the judgment below that sentenced the defendant

3. If so, the part concerning the defendant's case against the defendant in the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part concerning the defendant's case against the defendant in the judgment of the court below is again decided as follows after oral argument.

[Dao-written judgment] The summary of facts and evidence admitted by the court is identical to each corresponding column of the judgment below, except where the court below changed "2,650,000 won" of the 4th criminal facts of the judgment below to "2,656,000 won". Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (in the case of joint-offenders, addition to Article 30 of the Criminal Act), the choice of imprisonment

1. From among concurrent crimes, the crime of this case for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is committed by the defendant, alone or in collusion with B, by deceiving many unspecified persons through the Internet's trading site of used goods, and the crime of this case is not good, and the defendant has already been subject to a protective disposition several times for the same crime, and the crime of this case is committed again during the probation period for the same crime.