A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On January 17, 2013, the defendant was sentenced to imprisonment for 8 months in the Daejeon District Court for fraud and 2 years in suspension of execution, and is currently under trial at the appellate court.

On August 3, 2012, the Defendant called “I,” “I,” posted by the victim Y on the Internet portal site “Cdain,” and called “I will sell the goods to the victim. I will first deposit the price of the goods, and then send the gallon cell phone without the molding.”

However, the defendant did not have a galloned cell phone for sale to the above victim, and there was no intention or ability to send a mobile phone.

Accordingly, the Defendant, by deceiving the above victim, received KRW 130,00 from the victim’s account in the name of L (enterprise bank) through the transfer of KRW 130,00,00 from that date, and acquired the total amount of KRW 5,486,00 through the above method, such as the crime list, from January 14, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to A, AB, Y, AC, AD, and AE;

1. Each statement of AF, AG, AH, AI, AJ, and AK;

1. Each investigation report and investigation report, details of passbook transactions, CCTV photographs, transfer certificates, transfer certificates, etc., CCTV withdrawal photographs, and details of each transaction;

1. A previous conviction: An inquiry report, the ordinary records of disposition, and the application of Acts and subordinate statutes reporting the results of confirmation;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime;

1. From among concurrent offenders, the Defendant was punished for the same kind of crime even before the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and the Defendant again committed the instant crime while being tried after being charged with non-detained on or around August 2012. Moreover, the Defendant committed the instant crime again while being tried for trial on or around August 2012. The number of victims or the amount of damage is not much much and most of the victims are not repaid.

Accordingly, the defendant shall be sentenced to imprisonment, and the past records of punishment and partial repayment shall be made by the victim.