When the defendant does not pay the above fine, 100,000 won.

On May 20, 2016, the Defendant sold smartphones (gallon Nos. 4) on the “ballon (gallon No. 4)”, which is a website for trading goods on the Internet at a closed place.

The phrase “I wish to send gallon Nos. 4 if you deposit KRW 103,00 in smartphone price” to the victim C who reported and contacted the above writing to the Defendant.

However, in fact, the Defendant did not have a gallon 4 smartphone, and posted a false letter in order to punish living expenses, so even if he received money from the person who suffered damage, the Defendant sent the said smartphone.

had no intent or ability to act.

The defendant was transferred 103,00 won to the Saemaul Treasury Account (D) in the name of the defendant in the name of the defendant as the price of goods on the same day from the damaged person.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of the receipt statute

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 70(1) and 69(2) of the Criminal Act (limited to sentencing) shall be taken into account in light of the severity and scale of the crime, the amount of damage, the victim’s non-existence of punishment, and the degree of reflectivity, etc. as set forth in the Disposition, in addition to various circumstances, such as the details of the crime, the degree of damage, the amount of damage, the victim’s non-performance of punishment, and