Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Criminal facts

Some of the facts charged were corrected.

On December 23, 2015, the Defendant was sentenced to six months of imprisonment for fraud at the Busan District Court, which became final and conclusive on May 26, 2016. On August 9, 2016, the Defendant was sentenced to six months of imprisonment for fraud at the Ulsan District Court, which became final and conclusive on October 25, 2016.

On September 2, 2015, the Defendant posted a notice stating that 24 K gold bars will be sold to the “China Country” on the Internet goods transaction site. On September 2, 2015, the Defendant reported this on September 2, 2015 to the effect that “If you transfer KRW 1.620,000 to the new bank account in the name of C, you will send gold ball to the bank account in the name of C.”

However, in fact, the Defendant did not have a gold tamp and decided to purchase money from C, and the victim transferred money to the account in the name of C to pay the price of Oral Ba, so even if the victim remitted the money, the victim did not have the intent or ability to sell the gold tamp.

The defendant deceivings the victim as above and acquired 1620,000 won from the victim to the above account in the name of C on the same day.

Summary of Evidence

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

1. Statement made by the police against C;

1. A written statement prepared B (19 pages of investigation records);

1. A certificate of remittance confirmation (15 pages of investigation records), a photograph of capturing text messages (23 pages of investigation records);

1. Previous convictions: The results of search of each case and the application of Acts and subordinate statutes (106 pages, etc. of investigation records);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;