20 Highest 748(combined)

20 Highest 838(combined)

20 Highest 951(combined)

200 Highest 1119(Joints)

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, and the probation of the accused and community service for 80 hours shall be ordered.

200 Highest 680

On March 15, 2020, the Defendant made a false statement that he would send money to the victim C by accessing B using a mobile phone at a remote area of not more than Jeju-do and transferring money to the victim C, and that he would send gallon 8 mobile phones to door-to-door.

However, the defendant did not have a gallon eight mobile phones and did not have an intention or ability to sell it normally even if he received money from the victim.

At around 18:10 on the same day, the Defendant, by deceiving the victim as above, received 150,000 won from the Agricultural Cooperative (D) under the name of the Defendant from the victim, and acquired 780,000 won in total from that time to April 9, 2020, as stated in the attached crime list, by remitting 780,000 won to the total five of the victims as shown in the attached crime list.

200 Highest 748

At around 14:00 on January 17, 2020, the Defendant acquired one of the gallons S10 smartphones in front of the EF convenience store in Nowon-gu, Nowon-gu, 2020, while galloning the lost market price of KRW 1 million, but returned it to the victim or embezzled it without reporting it to the police office.

200 Highest 838

On April 30, 2020, the Defendant posted a false statement to the victim H who reported and contacted the fact that he connected B by using a mobile phone to sell gallonies, thereby selling gallonies.”

However, since the defendant did not have the above gallon, even if he received money from the victim, he did not have the intention or ability to sell it.

The Defendant, by deceiving the victim as above, received KRW 150,00 from the victim to the Agricultural Cooperative (I) account in the name of the Defendant on the same day, and acquired it by fraud.

【2020 Highest951

1. On April 25, 2020, the Defendant: (a) written a notice stating that “A 8.0 (SM-T380) will be sold on B car page at a place no higher than Jeju-dolon; and (b) written a false notice stating that “a 50,000 won will be delivered on a selective basis when receiving 50,000 won.”

However, even if the defendant receives the price from the victim, he did not have the intention or ability to send the thing as promised.

Nevertheless, the Defendant, by deceiving the victim as above, received 50,000 won from the victim’s account (D) around April 25, 2020, and around 21:47, around April 30, 2020, the Defendant sent 50,000 won from the Defendant’s Nong Bank (D). On April 30, 2020, the Defendant written a notice stating that “A8.0 (SM-P200) will sell B cars in a place not higher than the Jeju-si (hereinafter referred to as “SM-P200”) and sent it to K of the victim who contacted with the notice stating that “153,00 won will be sent, if you send it to 153,00 won, it would deliver it on a selective basis.” However, the Defendant did not have any intent or ability to send the goods, as agreed by the victim.

Nevertheless, on April 30, 2020, the Defendant, by deceiving the victim as above, was transferred KRW 153,000 to the account in the name of the Defendant NongHyup Bank (D) around April 30, 2020.

Around April 6, 2020, the Defendant: (a) made up a notice to B Kafin and made a false statement to the effect that “If the Defendant receives KRW 150,000 from a pre-paid L, he will deliver the gallon S8 to a pre-paid L.”

However, even if the defendant receives the price from the victim, he did not have the intention or ability to send the thing as promised.

Nevertheless, the Defendant, by deceiving the victim as above, was transferred KRW 150,000 to the account in the name of the Defendant NongHyup Bank (D) around 03:07 on the same day from the victim. The gist of the evidence is as follows.

[200 Highest 680]

1. Defendant's legal statement;

1. Each petition and statement of C, M, N,O, and P;

1. Each remittance statement, the contents of conversation, etc. [20 highest 748];

1. Defendant's legal statement;

1. G statements;

1. The offender's place, investigation report (Attachment of text messages), and caps and photographs;

1. Records of seizure and the list of seizure [2020 highest 838];

1. Defendant's legal statement;

1. A written petition and a written statement of H;

1. The details of transfer, the closure photographs of the B bulletin, and the conversation between the suspect and the victim (2020 highest951);

1. Defendant's legal statement;

1. Each petition and statement of J and K;

1. The photograph of goods, a detailed statement of transfer, the details of conversation, the contents of conversation, and the photograph of goods;

1. Defendant's legal statement;

1. A written petition and a written statement of Q;

1. Details of conversation and application of transfer Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 347(1) of the Criminal Act (Fraud) of the Criminal Act, Article 360(1) of the Criminal Act (the point of possession embezzlement) of the Criminal Act, the choice of imprisonment

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62 (1) of the Act

1. Probation and community service order;

Article 62-2 of the Criminal Act

1. The grounds for sentencing: Imprisonment with prison labor for one month to 15 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) A primary crime;

[Determination of Punishment] Fraudulent Crime: General Fraud [Type 1] below 100 million won

[Special Sentencings] Reductions: If punishment is not granted or a significant damage is recovered;

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment from one month to one year

(b) Second crime (unestablished crime);

(c) Scope of recommendations based on standards for handling multiple crimes: Imprisonment with prison labor for not less than one month (a concurrent crime with an offense for which no sentencing guidelines are set);

(d) Scope of recommended sentences that are modified by applicable sentences: From January to 15 years (in cases where the upper limit of the range of sentences recommended by the sentencing guidelines is inconsistent with the statutory applicable sentences, it shall be in accordance with the statutory applicable sentences).

3. Determination of sentence: (a) the sentence was rendered in 2017 and 2020; (b) the majority of victims and repeatedly committed a crime; (c) the payment of the amount of damage to the victims of fraud; (d) the amount of damage inflicted by embezzlement was provisionally returned to the victim due to seizure; (c) there was no record of punishment exceeding the fine; (d) the fact that there was no record of punishment exceeding the fine; (e) the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (e) other conditions of all the sentencing specified in the pleadings of the instant case, such as the circumstances after the crime, shall be