On July 20, 2015, the Defendant posted a notice to the Defendant’s residence in Daegu Northern-gu, Y to “sale of mobile phones” by accessing the Internet V site at the Internet’s residence, and then falsely sent to the victim B(28 years old) who contacted with the Defendant, “The transfer of money will sell mobile phones.”

However, the defendant did not have any intention or ability to sell a mobile phone to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received 220,000 won from the victims to the account of community credit cooperatives (A) in the name of the Defendant on the same day.

In addition, from the 15th day of the same month to the 27th day of the same month, the Defendant received a total of KRW 880,000 on four occasions, such as the attached crime list, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of BC, BB,D, and BE;

1. Application of Acts and subordinate statutes on the confirmation of purpose of financial transactions and account transactions;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. The reason for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] the mitigation area (one to one year) of types 1 (one hundred million won) (one to one year) of the general fraud [the decision of sentencing], or where considerable damage has been recovered [the decision of sentencing] the defendant committed the crime of selling fraud in goods against four victims. In particular, even though the defendant was prosecuted for four crimes of the same kind, it is disadvantageous to the defendant, and the fact that there is a significant possibility of criticism when he committed the crime of this case without being able to do so.

However, the fact that the damage has been changed to three of the four victims, and the fact that the defendant has divided and reflected the mistake, etc. shall be considered as favorable circumstances.

In addition, the motive, background, means and methods of the crime of this case, the circumstances before and after the crime, and the age, character and behavior, career, environment, etc. of the defendant as shown in the argument of this case.