All of the judgment of the court below except for a compensation order shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The decision of the court below on the gist of the grounds for appeal (the first instance court: imprisonment with prison labor for 1 year and 6 months, and the second instance court: imprisonment with prison labor for 2 months) is too unreasonable;

2. Prior to the judgment on the grounds of appeal by the Defendant’s ex officio, the appeal cases against the lower judgment were consolidated by examining the reasoning of the judgment ex officio, and each of the offenses of the lower judgment constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the lower court at the same time ought to be rendered pursuant to Article 38(1) of the Criminal Act, and a single sentence is to be rendered. As such, the part of the lower judgment, other than the compensation order, cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the unfair argument of sentencing, on the grounds that there is a ground of reversal ex officio except for a compensation order among the judgment below, and the following is determined through oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to the 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. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act (the fraud point, the choice of imprisonment), Article 231 of the Criminal Act (the occupation of the above Article, the choice of the punishment of imprisonment), Articles 234 and 231 of the Criminal Act (the occupation of exercising the above investigation document, the choice of the punishment of imprisonment) concerning the crime;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are the time when the defendant committed the crime, and the reason for sentencing under Article 38(1)2 and Article 50 of the same Act are divided. There was no previous criminal record that was punished for fraud, and the defendant supported his wife and her age, but the defendant has repeatedly committed the crime of selling Internet goods for a long time against many victims, the victim's damage amount is large, the victims' damage has not been recovered, the victims wanted to impose severe punishment against the defendant, and all the conditions for sentencing specified in the argument of this case, including the defendant's age, sexual behavior, and environment.