A defendant shall be punished by imprisonment for a month.

Punishment of the crime

[criminal power] On November 9, 2018, the Defendant was sentenced to two years and six months of imprisonment for fraud, etc. at the Seoul Eastern District Court, and the said judgment became final and conclusive on January 28, 2019. On April 24, 2019, the Daejeon District Court sentenced the Defendant to one year of imprisonment for fraud, and the said judgment became final and conclusive on May 2, 2019.

【Criminal Facts】

On February 9, 2018, the Defendant posted a notice to the effect that “the sale of a toy fry” was made on the Internet site B, at an insular site, and made a false statement to the effect that the Defendant would first deposit money to the victim C who had contacted with the Defendant.

However, even if the defendant receives the price of goods from the victim, he did not have the intention or ability to send the goods.

The Defendant, by deceiving the victim as above, received KRW 40,00 from the E bank account (F) in the name of D on the same day, and received KRW 2,543,00 from around that time to May 23, 2018, respectively, by deceiving the victims in total 17 times, as described in the separate crime list, respectively, and received KRW 2,543,00,000, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. A written statement prepared by G and H;

1. Written petition and statement of damage prepared by C;

1. Details of deposit transactions, details of transfer, details of I conversation related to transactions, and review of the results of transfer;

1. Previous convictions: Application of investigation reports (Attachment of the same military records to A), (Attachment of the evidence list Nos. 22), court rulings (Evidence Nos. 23), Daejeon District Court Decision 2018No3322 which is bound to the public trial records, and statutes on search outputs of Konet case;

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. From among concurrent offenders, the Defendant committed the crime of fraud on the Internet goods several occasions with the reason for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

However, the amount of damage is relatively large.