On March 14, 2019, the Defendant was sentenced to one year by the Daejeon District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the said judgment became final and conclusive on March 22, 2019.

On December 19, 2018, the Defendant posted a false notice to the effect that “I sell ley (toy)” on the “C” bulletin board at Echeon-si (hereinafter referred to as Echeon-si), and that “I will send to the toy if I send 40,000 won to the victim D who reported and contacted the above writing.”

However, the defendant did not have toys, and there was no intention or ability to send things to the victim even if he receives the price for the goods from the victim because he received the money from the victim and planned to use it individually.

The defendant received 40,000 won from the victim in the name of the new bank account (Account Number: E) in the name of the defendant for the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Police statements prepared in connection with D;

1. Documents to be submitted;

1. Previous convictions in judgment: The application of criminal records and investigation reports (verification of criminal records and investigation records of suspects) and 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 sentencing in the latter part of Articles 37 and 39(1) of the Criminal Act, which are concurrent crimes and exemption from punishment, is that the Defendant committed the instant crime, despite the fact that he had been sentenced several times of punishment, including the same kind of crime, and the nature and circumstances of the instant crime are not somewhat weak.

However, considering the fact that the defendant recognized the crime and the victim did not want the punishment of the defendant, and all other circumstances revealed through the pleadings of this case, such as character, conduct and environment of the defendant, and considering the sentencing where the defendant was judged simultaneously with the final judgment of the first head of the crime in the judgment, the punishment is to be imposed as ordered.