The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (eight months of imprisonment) is too unreasonable.

2. As the judgment of the court below revealed, the defendant committed a long-term and repeated crime against many unspecified victims under the pretext of selling the Internet goods, and even though such fraud constitutes a small amount of damage, it is highly harmful to society as an act detrimental to the order of the Internet trade based on trust and good faith, and the defendant committed an additional crime again after being arrested during the investigation process, and the damage was not recovered.

However, in full view of the following circumstances: (a) the Defendant still needs to actively consider the role of the community’s guardian for improving the character and conduct of the Defendant as well as the role of the Defendant in improving the character and conduct of the Defendant; (b) the Defendant recognizes and reflects all of the instant crimes; (c) the Defendant has no record of criminal punishment; and (d) other circumstances that are the sentencing conditions specified in the argument of the instant case, the lower court’s punishment is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act (the fraud point, the choice of imprisonment with labor), and Article 329 of the Criminal Act (the escape point and the choice of imprisonment with labor);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order;