However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

피고인은 2019. 12. 14. 대구 동구 B 소재 피고인의 집에서, 사실은 피고인은 판매할 물건을 가지고 있지 않았고, 판매를 빙자하여 대금만 편취할 의사였음에도, 'C'에 접속하여 ‘무선 에어팟을 10만 원에 판다’는 취지의 글을 게시하고, 이에 속은 피해자 D으로부터 10만 원을 피고인의 카카오뱅크 계좌로 송금받아 재산상 이익을 취득하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Written evidence and statements of the draft D;

1. Application of a remittance statement and evidential materials to statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. Determination of sentence: An unfavorable condition is that a person continues to commit a crime even though he/she had a record of punishment for the same kind of crime;

The victim did not pay damages to the victim.

The favorable circumstances: A confession of crime.