The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The 6-month imprisonment sentenced by the court below is too unreasonable.

2. Determination:

A. As to the grounds of appeal, the judgment of the court below is too unreasonable, considering the following factors: (a) the defendant recognized the facts charged in this case; (b) the defendant is the first offender without a previous criminal record; (c) a considerable number of damaged articles of the larceny crime in this case were recovered and returned to the victims; (d) the defendant had already been living in prison for a period exceeding five months due to the instant case; and (c) even if the defendant imposed a suspended sentence of imprisonment with prison labor, which added the probation, it appears that the defendant could sufficiently have special preventive effects; and (d) other conditions of sentencing as shown in the records and arguments, such as the defendant's age, character, character, environment, family relationship, and circumstances after the crime, are considered as being too unreasonable. Therefore, the defendant's argument

나. 배상명령신청에 관한 판단 배상신청인은 29만 원의 지급을 구하는 배상명령신청을 하였는바, 배상명령신청서에 첨부된 소액결제 서비스 내역조회에 의하면, 배상신청인은 피고인의 이 사건 컴퓨터등사용사기 범행으로 인한 편취금에 대한 배상명령을 구하는 취지로 보이나, 기록에 의하면, 이 사건 컴퓨터등사용사기 범행의 피해자는 배상신청인이 아닌 ㈜넥슨 등의 소액결제서비스 제공 업체임이 명백하고, 피고인의 배상신청인에 대한 배상책임의 범위가 명백하다고 할 수 없으므로, 배상명령신청을 받아들일 수 없다.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below. Thus, Article 369 of the Criminal Procedure Act is applicable.