1. The Defendant did not have the intent or ability to sell options interview2 even if he received money from the victim B (or 17 years of age).

Nevertheless, around 20:00 on March 16, 2014, on the Internet bulletin board, the Defendant made a false statement that he/she would deliver 5,000 won to the Daegu bank account under the name of the Defendant when he/she deposited 5,000 won from the victim who believed and contacted the sales of observer 2 smartphones by the Defendant.

The defendant received 55,00 won from the victim to the above account and acquired it by fraud.

2. The Defendant did not have the intent or ability to sell options interview2 even if he received money from the Victim C (AF).

Nevertheless, around March 16, 2014, on the Internet bulletin board, there was a false statement that the defendant would deliver 53,000 won to the Daegu Bank account in the name of the defendant from the victim who believed and contacted the sales of observer 2 smartphones posted by the defendant.

The defendant received 53,00 won from the victim to the above account and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Written statement of damage B and C;

1. Detailed statement, Kakao Stockholm conversation, and a copy of passbook;

1. Application of Acts and subordinate statutes to investigation reports (a copy of a bankbook for damage inflicted by a suspect to the victims);

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Code of the Suspension of Sentence 59(1) of the Suspension of Sentence : (i) there is no history of punishment for the same crime; there is no record of punishment exceeding the fine; (ii) the amount of damage is minor; and (iii) the defendant returned the amount of damage to the victims