[criminal power] On August 12, 2015, the Defendant was sentenced to five months of imprisonment, two years of suspended execution, and 120 hours of community service at the Incheon District Court on August 12, 2015, and the judgment was finalized on August 20, 2015.

【Criminal Facts】

On January 17, 2015, the Defendant concluded that “The Defendant would first deposit KRW 37,000 on deposit of KRW 37,00 in the Internet Niberian website to the victim B, who contacted the Defendant, and then send “the return for the newborn baby at home” on the same day before 18:00 on the same day.”

However, due to the fact that the defendant did not have a low-income, even if he receives the payment from the victim, he did not have the intent and ability to sell the low-income.

The defendant acquired 37,00 won from the victim to the single bank account in the name of the defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. B’s petition;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (report on the same kind of suspect records)-related Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The reason for exemption from punishment under the latter part of Article 37 and Article 39(1) of the Criminal Code is that the defendant acquired money from the victim by taking advantage of the characteristics of online transactions, but the crime is not somewhat minor.

On the other hand, however, the defendant recognized and reflected the crime, and the amount of damage was small and recovered.

At the time of committing the crime, the defendant was 24 years of age, was the first offender, was currently working, and was able to lead a healthy life in the future.

Therefore, the punishment shall be exempted in consideration of the equity in the case of a judgment at the same time with a series of fraud described in the first head of the judgment.