A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

1. On April 5, 2018, the Defendant posted a false statement to the effect that, at the Defendant’s house located in Daejeon-gu Daejeon-gu Daejeon-gu, the Defendant would deliver the said mobile phone to the victim C, who visited the victim C, who sent a false statement to the effect that “if he remitted KRW 380,000,000,000, it will deliver the said mobile phone to the Defendant’s home.”

However, even if the victim receives the payment from the injured party, the above mobile phone did not have the intention or ability to sell it.

The Defendant, by deceiving the victim as such, received 380,000 won from the victim’s account in the name of the Defendant around the 6th of the same month from the victim.

2. On April 9, 2018, the Defendant posted a false statement to the effect that, at the Defendant’s house as indicated in paragraph (1) around April 9, 2018, the Defendant sent a notice to the effect that “the sales of gallon 8 mobile phones will be made,” and that, on a bulletin board, the Defendant would deliver the said mobile phone to the victim D who contacted the victim with “the transfer of 430,000 won.”

However, even if the victim receives the payment from the injured party, the above mobile phone did not have the intention or ability to sell it.

The Defendant, as such, by deceiving the victim, received 430,000 won from the victim’s account in the name of the Defendant to the Kakao Bank on the same day.

In this respect, the defendant deceivings victims on a total of two occasions, thereby deceiving 810,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and C;

1. A photograph of each authentic document, the inquiry of details of transactions, the closure of a text message, and the photograph of a photograph, account transaction details, and the conversation details;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code for the observation of protection and the community service order [the scope of recommendations] general fraud.