A defendant shall be punished by imprisonment for a period of two months.

Punishment of the crime

1. On June 16, 2016, the Defendant: (a) posted a notice on the bulletin board stating, “I wish to send money first to the victim X who visited the victim X by using smartphones in Ulsan-gu, Ulsan-do; and (b) read, “I wish to send money first to the victim X who visited the gallon S6 smartphones in order to sell it in 285,000 won.”

However, the defendant had no intention or ability to sell even if he received sales proceeds from the victim because he did not have Sogal lusium6 smartphones.

The Defendant, by deceiving the victim as such, was transferred KRW 285,00 to a new bank account in the name of the Defendant on the same day from the victim.

2. Around June 19, 2016, the Defendant: (a) posted a notice on the bulletin board that “I wish to send the money first to the victim Z that reported that I wish to send it to the victim Z; (b) I would like to send the money first to the victim Z who had contacted the victim Z by using smartphones in Ulsan-gu, Ulsan-gu, Busan-do; and (c) I would like to sell so-called smartphones so-called Y6 to 280,000 won.”

However, the defendant had no intention or ability to sell even if he received sales proceeds from the victim because he did not have Sogal lusium6 smartphones.

As such, the Defendant, by deceiving the victim, received 280,000 won from the new bank account (Y) in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of X and Z;

1. Application of Acts and subordinate statutes concerning details of transactions of entry and withdrawal;

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

1. Of concurrent crimes, there are many criminal records of the same kind with the reason for sentencing of Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Aggravation of Concurrent Crimes as provided for in paragraph (1) of the same Article) of the Criminal Act, and the suspension of execution due to the same criminal records;