The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal - The lower court’s imprisonment (five months of imprisonment and two years of suspended execution) is too heavy.

2. The crime of this case pertains to the failure of the Defendant to repeatedly make payments from the Internet shopping mall operated by the victim after repeated orders, and thus obstructing the sales of the victim by revocation, and its nature is not less than that of the crime.

However, the Defendant is against all the criminal acts of this case.

In the past, the defendant tried to restore the damage and expressed his intention that the victim does not want the punishment by mutual consent with the victim.

The defendant has no record of crime other than two times prior to a fine due to a drunk driving.

These points are favorable to the defendant.

In full view of the above circumstances and all other circumstances, including the Defendant’s age, character and conduct, and environment, and the sentencing conditions indicated in the instant pleadings and records, the lower court’s punishment is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Grounds for the Judgment of the Supreme Court which has been written] The criminal facts and summary of evidence against the defendant recognized by the court are identical to the records in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314 (1) or 313 of the Criminal Act applicable to the relevant criminal facts and Articles 314 (1) or 313 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (the favorable circumstances among the grounds for reversal of the judgment above)

1. Scope of the recommended sentence according to the sentencing guidelines [the determination of types] interference with business affairs [the category 1] interference [the special person] - the mitigation element: the mitigation range [including the advanced efforts for the recovery of damage] and the mitigation range of the punishment [the recommended field and the scope of the recommended sentence], imprisonment.