A defendant shall be punished by imprisonment for a period of two months.

Punishment of the crime

On May 12, 2016, the Defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court on May 12, 2016 and completed the execution of the sentence at the Busan Detention House on May 29, 2016.

1. Around November 15, 2017, the Defendant, at the Defendant’s residence, posted a false statement on sales stating that “EM (AS) is sold” at the NAV’s website 3-dong 105, Nam-gu, Busan, and on the bulletin board of the country. The Defendant reported this false statement to the victim B who contacted with the Defendant that “on the first hand forward money, he would send an electronic tobacco.”

However, the defendant did not have the intention or ability to send the electronic tobacco promised even if he received the money from the injured party.

Nevertheless, the defendant deceivings the victim as above and transferred 60,000 won to the D account in the name of the defendant for the electronic tobacco payment on the same day from the victim.

2. On November 15, 2017, the Defendant reported the sales comments posted on the Internet bulletin board of the Republic of Korea and reported to the victim E, as set forth in paragraph (1) of this Article, the Defendant, who committed the crime against the victim E, made a false statement that “on the first hand, he would send electronic tobacco.”

However, the defendant did not have the intention or ability to send the electronic tobacco promised even if he received the money from the injured party.

Nevertheless, the Defendant deceivings the victim as above and transferred KRW 62,00 to the D account in the name of the Defendant for the electronic tobacco payment on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written petition and statement prepared B and E;

1. Details of materials, such as each transfer, and materials to reply;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes concerning the criminal defendant's previous convictions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.