However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

1. On August 16, 2016, the Defendant posted a letter to the effect that “sale of gallon 4 smartphones” in the shopping mall of smartphones at a gallon online site, and made a false statement to the effect that the Defendant would send smartphones to the victim B who contacted with him/her if he/she wired money to the victim B.

However, even if the defendant receives money from the injured party, the defendant did not have any intention or ability to send smartphones.

The defendant deceivings the victim as above and transferred 130,000 won as the price for smartphone around August 16, 2016 to the victim.

2. On September 21, 2016, the Defendant posted a letter to the effect that “LG K10 cellphones are sold” in the shopping mall of a smartphone website at an insular location, and made a false statement to the effect that the Defendant would send money to the victim C who reported and contacted with it.

However, even if the defendant receives money from the injured party, the defendant did not have any intention or ability to send smartphones.

Defendant deceiving the victim as above and transferred KRW 50,000 as the mobile phone price to the victim on September 21, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of B and C;

1. Inquiry into the results of transfer, application of the detailed statement of gold transaction records, and application of statutes on the details of Kakao conversation;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendations] is that there is no basic area (from June to one year and six months) (the person subject to special sentencing) [the sentence] [the decision of sentence] six months, and the suspended sentence two years, the crime of this case harms the trust of transactions on the Internet, and causes considerable mental pain to the victims.