1. The part of the judgment below, excluding the compensation order, shall be reversed.

2. The defendant shall be punished by imprisonment with prison labor for one and half years.

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two years of imprisonment, confiscation) is too unreasonable.

2. The Defendant, as an Internet site, deceivings a large number of unspecified persons who wish to purchase goods in the “Sena,” etc., and acquired money by deceiving them. The Defendant’s total number of victims therefrom reaches about 55 and the total amount of damage was much more than KRW 36 million, and Internet commercial transactions are conducted based on the general trust in trading. The Defendant’s fraud is committed based on the general trust in trading, and it is necessary to severely punish the Defendant as it disturbs the order of such electronic commerce, and multiple victims are boomed. The Defendant committed a crime without committing a mistake even after being investigated by the police on the part of the crime of this case.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and reflects the mistake in depth, that there was some agreement with the victims, and that there was no record of punishment exceeding the fine.

In addition to the above circumstances, considering the result of the application of the sentencing guidelines by the Sentencing Commission of the Supreme Court [the scope of recommendations: from 1 to 3 years, in the case where the defendant is an unspecified person or a large number of victims, or has been repeatedly committed for a considerable period of time from 1 to 9 months, considering habitual crimes (if the crime is committed for an unspecified person or for a considerable period of time), the defendant's age, character and conduct, environment, background, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is somewhat inappropriate.

3. Accordingly, the defendant's appeal is reasonable, and the remainder of the judgment below except the compensation order is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the application for compensation order by BH, the applicant for compensation, is justified.