A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On February 27, 2018, at a place where a location below Seoul is unknown, the Defendant posted a false statement to the Internet NAVV, stating that “LG electronic dried machine is resold after purchasing it in the employee card” on the Internet, and that “If the Defendant first remitted KRW 1,050,000 to the victim C and notified the address, the Defendant would deliver the dried machine within two weeks.”

However, in fact, the defendant thought that most of the money received from the injured party was used as Internet gambling fund, but did not have the intent or ability to deliver the money to the injured party by ordering LG electronic drying machine.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 1,050,000 from the injured party to the Kakao Bank Account (D) in the name of the Defendant, as the price for drying, and obtained a total of KRW 43,750,000 from around that time to March 15, 2018, by remitting KRW 41 times in total, as shown in the annexed crime list, and acquired pecuniary profits equivalent to that amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A reply to a warrant of search and seizure (a statement that the defendant has received money from victims to a Kakao bank account);

1. Application of Acts and subordinate statutes to a warrant of search and seizure verification (the details that the defendant has received money from the victims to a new bank account)

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The punishment as ordered shall be determined by taking into account the following factors: (a) the first sentence of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is a crime involving many unspecified victims for sentencing; (b) the total amount of defraudation is not significant; (c) the defendant’s age, sexual conduct, intelligence and environment; (d) the victim’s relationship with victims; (e) the motive, means and consequence of the crime; and (e) the circumstances after the crime.