Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

[Criminal record] On October 27, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. by the Daegu High Court on November 14, 2016 and the judgment became final and conclusive on November 14, 2016.

[Criminal facts] On November 22, 2015, the Defendant posted a notice to the effect that the victim C purchases a motor vehicle hedging at the Internet NAV car page “B” at a non-permanent place, and contacted the victim with the victim to send the goods upon deposit of money.

Note .

“.........”

However, since the defendant did not possess the above objects, he did not have the intention or ability to send the objects even if he received money from the victim.

Around November 23, 2015, the Defendant, by deceiving the victim as above, received 3,50,000 won from the victim to the national bank account (numberd: D) in the name of the Defendant from the victim, and acquired it by money.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on cybercrime, data received, details of message, and details of transactions of receipt and withdrawal of money;

1. Previous records: Application of Acts and subordinate statutes to the copies of each written judgment, the search screen of prosecution cases;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;