A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On December 17, 2017, the Defendant posted a letter “B” on “B” bulletin board, a website for the sale of goods, and made a false statement to “C, if you transfer the prices of goods, you will send smartphones.”

However, even if the defendant receives the payment from the victim, he did not have the intention or ability to sell smartphones.

The Defendant, by deceiving the victim as above, received KRW 135,00 from the victim to the D account (E) in the name of the defendant on the same day, and acquired it by fraud.

Around February 24, 2018, the Defendant sent a text message “Around February 24, 2018, the Defendant sent the victim G, who posted an article to purchase f-mp-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-

However, at the time of the trial room, the Defendant did not have any available kn's kn's kn's kn's kn't receive money.

Nevertheless, the Defendant, as above, by deceiving the victim, received 13,000 won from the victim to the H(I) account in the name of the victim on the same day and acquired it by fraud.

Summary of Evidence

"2018 Highest 1104"

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Details of transactions, such as financial transactions in the principal, closures and photographs of conversations;

1. A written request for the provision of financial transaction information "2018 Highest 1297";

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes on details of transfer and text;

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

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is seven times the defendant has committed the same offense for the last five years.