[criminal career] On March 21, 2012, the Defendant was sentenced to four months of imprisonment and eight months of imprisonment for a crime of fraud, etc. at the Jinwon District Court's Jinju branch on February 23, 2013, and the execution of the sentence was terminated on February 23, 2013. On October 29, 2013, the same court was sentenced to one year and six months of imprisonment for a crime of fraud, etc., and the judgment became final and conclusive on November 6, 2013.

【Criminal Facts】

On May 21, 2013, the Defendant, at the PC room where the trade name in Gangnam-gu Seoul is unknown, sent the victim’s message to NAVD, and made a false statement that “I will purchase a water pen” posted by the victim C to the victim, and then sent the victim’s message, and then sent the victim’s message, “I will to send the new product manufactured in 2008.”

However, even if the defendant and B receive money from the victim, they did not have the intention or ability to sell the water purifier.

The Defendant and B conspired with the victim and received KRW 200,000 from the victim’s account in the name of Nonghyup Bank in the name of B.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. C’s petition;

1. A remittance receipt;

1. Details of financial transactions between Nonghyup Bank B;

1. The application of Acts and subordinate statutes reporting criminal records, their respective dispositions and their results before and after confirmation;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 347 (1) and 30 of the Criminal Act selecting a penalty;

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

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

1. The latter part of Article 39(1) of the Criminal Act exempted from punishment (the principle of equity in cases where judgment has been rendered simultaneously with the crime that became final and conclusive on November 6, 2013);