A defendant shall be punished by imprisonment for not less than three months.

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

Punishment of the crime

On August 27, 2020, the Defendant posted a letter to the Internet site C, stating that “The sale of merchandise coupons to a new world department store,” and then made a false statement to the victim B who contacted the Defendant by reporting the above writing around 12:30 on the same day, the Defendant sold KRW 1,75,000 in total to KRW 175,00.”

However, even if the defendant received money from the injured party as the price of sale of merchandise coupons, he did not have intention or ability to sell merchandise coupons to the injured party.

Around 12:43 of the same day from the victim by deceiving the victim as above, the defendant was delivered KRW 175,000 as the sales proceeds of merchandise coupons to the bank account (Account Number E) in the name of the defendant.

Summary of Evidence

1. The Defendant’s legal statement that he received KRW 175,00 from the injured party as the name of the sales proceeds of merchandise coupons, to verify the transfer details of the B’s statement, to investigate the printed out of the text message and the Kakakao Stockholm conversation (the telephone with the injured party B) (the Defendant had no intention to commit fraud)

However, according to the above evidence, the defendant's assertion is not accepted, since it is acknowledged that the defendant received the sales proceeds of merchandise coupons from the injured party without intention or ability to sell merchandise coupons.

Application of Statutes

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under Article 32 (1) 3 and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation Order (in cases where the amount of damage has been repaid, referring to the amount of damage

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the general fraud [the type 1] of the fraud crime: there is no person who is less than KRW 100 million [the area of recommendation and the scope of the recommended punishment] [the scope of the recommended punishment], the basic area of the punishment, six months through one year and six months.

3. Determination of sentence: Imprisonment;