On August 11, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for 8 months at the Incheon District Court for fraud, which was sentenced to two years of suspension on August 19, 2010, and the said judgment became final and conclusive on January 6, 2012 in the same court as the said judgment was sentenced to ten months of imprisonment with prison labor for the same crime, etc. on February 20, 2012, and the said suspension of execution becomes null and void. On September 28, 2012, the period of parole was expired on December 18, 2012, and was released from the Incheon Detention House for parole on December 18, 2012. On December 111, 2013, the said court was serving two years of imprisonment with prison labor for the same crime

On August 13, 2013, the Defendant: (a) reported on August 13, 2013, the victim CK posted the “CL” on the Internet shopping mall; and (b) made contact to the victim and made a false statement to the effect that “The Defendant will purchase two mobile phones.” (c) sent one floor CN of the Plaintiff’s building in Seocheon-gu, Seocheon-si, Gyeonggi-do.

However, in fact, the defendant called the CO operating the above CN and called "one hundred and twenty thousand won to transfer to the account when he receives a mobile phone," so if the victim sent the above CO a mobile phone, he did not have any intention or ability to pay the purchase price of the mobile phone to the victim because he thought that he would receive 1.22 million won from the above CO.

Accordingly, the Defendant, by deceiving the victim as above, had the victim deliver 1,340,000 won of the market price to the above CO, and received transfer of 1,220,000 won from the above CO to the Defendant’s account in the name of the defendant, and acquired property profits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to CK;

1. Details of account transactions and photographs thereof;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of a copy of each judgment;

1. Relevant Articles of the Criminal Act concerning the facts constituting the crime: Article 347 (1) of the Criminal Act;

1. Aggravation of repeated crime: The same type of repeated crime during the period of sentencing Article 35 of the Criminal Act, the fact that there is no agreement with the victim, the defendant's reflects against the defendant.