The judgment of the court below is reversed.

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

except that the ruling shall be made for one year from the date of the final judgment.

1. The sentencing of the lower court (five months of imprisonment, one year of suspended execution, one year of community service order, and 80 hours of community service) is too unreasonable.

2. Review of the evidence adopted and examined by the trial court and the Defendant’s statement at the trial court prior to the judgment on the grounds for appeal ex officio, the Defendant, at the Suwon District Court on April 8, 2015, was sentenced to a suspended sentence of one year for a period of four months of imprisonment for fraud, and the said judgment became final and conclusive on April 16, 2015.

Therefore, the crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) and the crime of fraud as to the crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) due to the confirmation of the above judgment is set at concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment for the crime of violation of the Act on Promotion,

In this respect, the judgment of the court below cannot be maintained as it is.

3. Therefore, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal, and it is again decided as follows.

[D.] A summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the description of each corresponding column of the judgment below, except for modification or correction as follows. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

On April 8, 2015, the first sentence of the judgment of the court below is to add "the defendant was sentenced to a suspended sentence of one year for the purpose of fraud at the Suwon District Court on April 8, 2015, and the above judgment became final and conclusive on April 16, 2015" to the first sentence of the crime. A criminal record in the judgment of the court below on April 1, 2012 is to add "the last sentence: the summary of the case information case, the judgment, and the defendant's trial statement".