On July 22, 2016, the Defendant posted an advertisement “to sell a mobile phone of 6S mobile phone” on the Internet’s website with access to the online, and reported it to the victim BB, stating that “The Defendant would send one cell phone of 500,000 won of the mobile phone to the victim B who visited the victim B.”

However, even if the defendant receives the payment from the injured party, he did not have the intention or ability to deliver the above mobile phone.

The Defendant: (a) by deceiving the victim as above; (b) received 500,000 won from the victim to the Busan Bank (BD) account in the name of the victim in the name of the Busan Bank (BD); and (c) received a total of 1,330,000 won from around that time to July 27, 2016 in the same way as indicated in the attached crime list, and acquired it by transfer.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes on search and seizure inspection warrant and reply;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Persons subject to special sentencing in the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the same Act, the sentencing of which is less than 1100 million won as the base for the reduction of the classification of types of crimes: The sentencing of the person subject to aggravated punishment in one year to June 1 from June 1 to June 2: The sentencing of the person subject to aggravated punishment (specific victims): the sentencing of the person subject to aggravated punishment in general in two years and six months from January 1 to June 2: the sentencing of the person subject to aggravated punishment in six months: The sentencing of the person subject to aggravated punishment in six months: Unreparing damage, having been sentenced to aggravated punishment in April (one time of punishment): The confession and the progress of separation by type [the party member], such as a confession and separation by type of crime (a party member 2016 No. 2839, 2017 No. 137 (Joint)];