The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

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

1. The decision of the court below on the gist of the grounds for appeal (four months of imprisonment) is too unreasonable.

2. It is recognized that the judgment defendant, even though he/she was punished three times as a fine for the same crime, did not stop to commit a crime of defrauding transaction price by pretending the sale of Internet goods to an unspecified number of unspecified persons, and ultimately defrauded the sales proceeds equivalent to KRW 17 million through 60 times.

However, the court below made a deposit of KRW 10 million in the court below and KRW 7 million in the court below for the victims, thereby repaying all damages to the victims other than the victim BT, which cannot be identified as foreigners.

In addition, considering the sentencing conditions indicated in the records of this case, it is recognized that the sentence imposed by the court below is too severe and unfair.

Therefore, the defendant's argument of sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading, on the grounds that the appeal against the defendant's improper sentencing is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (Article 30 of the Criminal Act shall apply only to the criminal facts as stated in the lower judgment, which fall under the second half of 2015, second half of 2830 and second half of 5255 among the criminal facts as stated in the lower judgment) (Selection of imprisonment)

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 stay of execution ( normal consideration in favor of the accused);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;