The judgment below

The part against the defendant shall be reversed.

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

1. The decision of the court below (one year and six months of imprisonment) is too unreasonable.

2. The amount of damage in this case is a large amount, the victims are also many victims, the amount which has not yet been recovered from damage is a considerable amount, and the defendant's crime is a fraud in selling merchandise coupons through the Internet site, which impairs the general trust in trading and is not good in the nature of the crime, and is disadvantageous to the defendant.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant has no previous error, the defendant remitted the amount of KRW 8,000 to the victim I, the defendant sent or deposited the amount of KRW 8,00 to some victims of merchandise coupon purchase, the defendant sent merchandise coupon to some victims of merchandise coupon purchase, the defendant agreed with 40 victims among 72 persons, and the defendant led to a confession of the victim at the trial, and his mistake is divided into one another, the court below's punishment against the defendant is somewhat inappropriate in light of all the sentencing conditions shown in the records of this case, such as the circumstances and methods of the crime, the age, character and behavior of the defendant, family environment, and circumstances after the crime.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is as follows: 1. The defendant's oral statement was added to the summary of the evidence, and 369 of the Criminal Procedure Act is the same as the corresponding column of the judgment of the court below.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (Fraud), Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 30 of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;