A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 28, 2016, the Defendant reported the sales of fishing (No. 550,000 won) to the beer North Korea, which was posted by the Defendant on the Internet NAV and the Korean car page, and made a false statement to the victim B who contacted with the Defendant.

However, even if the defendant did not possess Macbuk and received money from the injured party, he did not have the intention or ability to sell Macbuk.

The Defendant received 550,000 won from the injured party under the name of the purchase price in the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. B written statements;

1. Application of Acts and subordinate statutes to post a statement of transaction, and a notice on sales in high-class Korean carpets;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits Concerning Compensation Orders and Provisional Execution / [the scope of the recommended punishment] In the case where a person commits an intentional act of deception [one month-1 year] in the mitigation area (one month-1 year), or the degree of deception is weak (the decision of the sentence] in the case where a person commits an intentional act of deception (the decision of the sentence is made] in the case where a person has been punished for a repeated punishment of a fine by the fraud of the same series of Acts and subordinate statutes but repeats the case.

However, in consideration of the fact that the crime of this case was committed only once and the amount of damage was small, the fact that the defendant's mistake was divided, the fact that there was no previous conviction or more than a suspended sentence, the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the punishment as ordered within the scope of the recommended punishment according to the sentencing guidelines shall be determined.

It is so decided as per Disposition for the above reasons.