[Criminal Power] On March 9, 2016, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Incheon District Court, and completed the execution of the sentence at the Incheon Detention House on June 23, 2017.

【Criminal Facts】

1. The Defendant, on February 16, 2019, posted a notice on the charge of committing the crime against the victim B ( South and 31 years of age), stating that “Aphone is sold at KRW 50,000” to the victim B ( South and 31 years of age) who visited the Defendant by accessing the Internet C Packaging at a place where the location is unknown.

However, the defendant did not have the above smartphone at the time, so even if he received the payment from the victim, he did not have the intention or ability to transfer it.

As above, the Defendant, by deceiving the victim, received 50,000 won from the victim to the Kakao Bank account in the name of the suspect on the same day, and fraudulently acquired it.

2. On February 16, 2019, the Defendant, who committed the crime against the victim D (Nam, 25 years old), posted a false statement that “The Defendant would sell the opphone in 54,000 won” to the victim D (Nam, 25 years old) who reported and contacted with the opphone by accessing the Internet Chyp at a place where the location is unknown.

However, the defendant did not have the above smartphone at the time, so even if he received the payment from the victim, he did not have the intention or ability to transfer it.

As above, the Defendant, by deceiving the victim, received 54,000 won from the victim to the Kakao Bank account in the name of the suspect on the same day, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement B and D;

1. Details of each letter, certificate of remittance, and details of transfer;

1. Division: Application of Acts and subordinate statutes to criminal records, etc., investigation reports ( repeated crimes, and several times of same power);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.