A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal power] On October 31, 2012, the Defendant was sentenced to three years of suspension of the execution of imprisonment with labor for fraud, etc. at the Incheon District Court on November 8, 2012, and the judgment becomes final and conclusive on November 8, 2012. On December 23, 2013, the above court was sentenced to eight months of imprisonment with labor for fraud, and appeal was pending at the appellate court’s trial, and was still pending on May 22, 2014, and was not detained for fraud in the above court.

8. The appellate court is pending after being sentenced to four months of imprisonment;

【Criminal Facts】

On April 2, 2013, the Defendant posted a letter to sell a “AV” container to the Internet site and falsely told the victim AW to purchase a ticket, and “I would send a ticket after checking the deposit amount if I would pay 14,000 won to the victim.”

However, even if the defendant received money from the victim, he did not have the intent and ability to sell the contact diskettes.

Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 114,00 from the victim to a new bank account in the name of AX from the victim’s position, as well as received KRW 114,00 from the above date and time to October 11, 2013, the Defendant received KRW 2,074,000 over 10 times in total as shown in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of AW and AX;

1. Each statement of the AY, Z, BA, BB, BC, BD, BE, BF, and BG;

1. Each petition, damage report, national examination and civil petition;

1. Previous convictions indicated in the judgment: Before disposition and before confirmation, report on results of confirmation (Attachment of a copy of indictment), and application of criminal records-related statutes;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Determination of sentence: The fact that the amount of money obtained by deception is not large for four months of imprisonment [fluoral circumstances] [fluoral circumstances], and it is not against the suspension of execution even though it is not completely recovered; and