Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

Around 10:00 on September 26, 2019, the Defendant issued a false statement to “A childcare center located in C/L located in C/L, and C/L, a victim D, who operates C/L, sells more than 5-10% of the market price. If the purchase price of the school is transferred to the account, the Defendant would immediately deliver the school district.”

However, even if the defendant received the teaching tool from the victim, he did not intend to purchase the teaching tool to send it to the person who did not have the delivery order, but did not have the intention or ability to deliver it to the victim.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 1,766,00 from the victim to the Agricultural Cooperative (E) account under the name of the Defendant for the same day, and received total of KRW 5,016,00 from the six victims as indicated in the crime sight table from April 16, 2019 to October 17, 2019.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Each police statement of F, D, and G claimed that there was no criminal intent to commit fraud because the defendant had the intent and ability to deliver teaching tools. However, even if the defendant's statement is based on the following circumstances acknowledged by the above evidence, the defendant was used by the prior customer to purchase the teaching tools received from the victims (Article 100, 101 of the evidence record), and even if he said that he would immediately deliver teaching tools to the victims, the criminal intent to commit fraud is sufficiently recognized. Accordingly, the defendant's assertion cannot be accepted.

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the relevant criminal facts and the selection of punishment;