A defendant shall be punished by imprisonment for one year.

The Defendant is identical to KRW 1.5 million to the applicant B, KRW 300,000 to the same C.

Punishment of the crime

The defendant is a person who has no fixed occupation.

The Defendant, around August 9, 2019, posted a letter that “Aphone XS is sold” to E, an Internet site, and sent a 700,000 won to the victim F, who expressed his intention to purchase it first, at a non-place located in the central Dong of Ansan-si, Ansan-si.

'The Court made the decision.'

However, the defendant did not have the intention or ability to send the goods to the victim even if he did not receive the money from the victim, such as the nophone XS, at the time of sale.

As such, the Defendant, by deceiving the victim, received KRW 700,00 from the victim to the G account (H) in the name of the defendant on the same day, and posted a false statement from September 14, 2019 that he/she sold goods on the Internet site ten times in total, as shown in the list of crimes, and received KRW 8,176,50 in total as the price for goods from the victims who expressed their intent to purchase it.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each statement of F, I, J, K, L, M, C, B, D, and N;

1. Official receipt, certificate of the results of electronic financial transfer, details of deposit and withdrawal transactions, certificate of transfer, details of transfer, confirmation of the results of transfer, inquiry into the results of transfer, and certificate of remittance;

1. A reply to the details of theO's financial transactions, theO's re-examination of the provision of financial transaction information, and the provision of financial transaction information of the P Bank;

1. Requests for cooperation in each investigation, and each CCTV data reply;

1. Application of the Acts and subordinate statutes requesting investigation cooperation (CCTV perusal and response);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 31 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Orders for Compensation and Sentence of Provisional Execution, the accused has a record of having been sentenced to suspended sentence of imprisonment with labor due to special larceny.