All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

1. In light of the summary of the grounds for appeal of this case, the punishment of each court below against the defendant (the first instance court: imprisonment with prison labor for five months and the second instance court: imprisonment with prison labor for one year and four months) is too unreasonable.

2. The defendant filed an appeal against each judgment of the court below, and the court of the court of the first instance decided to concurrently examine each of the above appeal cases. The crime of each of the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single punishment shall be imposed within the term of punishment increased by concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, each of the judgment of the court below against the defendant shall no longer

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts and evidence against the defendant recognized by this court is as stated in the corresponding column of each judgment of the court in addition to using the " February 12, 2012." in Part 8 of the judgment of the court of the second instance as " December 12, 2012." among the facts constituting the crime of the court of the second judgment, the summary of the facts and evidence is cited as it is 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. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes. ① The act of acquiring money against many and unspecified persons by taking advantage of the Internet, such as the fraud of this case, is disturbing the Internet commercial transactions and promoting the uncertainty of transactions, and thus, the nature and circumstances of the crime are heavy, ② the defendant has been punished five times for the same kind of crime, and the defendant has already been punished several times for the same crime. In particular, it is followed.