[Criminal Power] On October 31, 2019, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud in the Gwangju District Court’s net support on October 31, 2019, and the said judgment became final and conclusive on November 8 of the same year.

【Criminal Facts】

On June 28, 2019, the Defendant posted a notice on the sales of Red No. 7 mobile phones on B’s website using a mobile phone at an insular place, and falsely reported it to the victim C who contacted with the Defendant that “I would deliver the mobile phone if you send the money.”

However, since the defendant did not have the above mobile phone, even if he received money from the victim, he did not have the intention or ability to sell the mobile phone.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 120,000 from the victim to the Samsung Securities Account (D) in the name of the Defendant, for transfer of KRW 120,000 as the mobile phone price.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Details of transfer and B hosting;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39(1) of the Exemption Criminal Act provides that the defendant recognized a crime and commits a crime against the wrong judgment; the crime of this case is in the relation of a concurrent crime under the latter part of Article 37 of the Criminal Act with the judgment on which the judgment becomes final and conclusive, and the equity in the case of the judgment at the same time should be considered; the crime of this case is obtained by deceiving 120,000 won from one victim; and the crime of this case is obtained by deceiving 10,000 won from 10 victims; and the crime of fraud for which the judgment becomes final and conclusive is obtained by deceiving 3,00,000 won from 10 victims.