A defendant shall be punished by imprisonment for four months.

Punishment of the crime

1. On August 17, 2017, the Defendant posted a letter that he/she sells gallon 4 smartphones on a gallonyon bulletin board among the NAVV in Gwangju Mine-gu, Gwangju, and made a false statement that he/she would send the said smartphones if he/she deposits KRW 125,000 to the victim AO who reported and contacted with it.

However, even if the defendant receives money from the injured party, the defendant did not have any intention or ability to send the above smartphone.

Nevertheless, the defendant deceivings the victim as above and received 125,000 won on the same day from the victim to the account.

2. The Defendant, at the same time and place as set forth in paragraph 1, posted a letter of intent to sell a 5S smartphone on the Internet bulletin board of the Republic of Korea, and made a false statement of intent to send the 100,000 won payment to the victim AP who reported and contacted the 10,000 won.

However, even if the defendant receives money from the injured party, the defendant did not have any intention or ability to send the above smartphone.

Nevertheless, the defendant deceivings the victim as above and was delivered KRW 100,000 on the same day from the victim to the account.

Summary of Evidence

1. Statement by the defendant in court;

1. AO and AP statements;

1. Application of the calendars, evidentiary materials, and Acts and subordinate statutes of receipts in this body;

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

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes recognize the crime of this case. However, there was a similar number of methods that have been punished several times by putting the same kind of crime. While repeating the crime of this case, the awareness of the crime is extremely weak, and no effort was made to recover damage was made.

The crime of this case is a serious threat to the sound order of the Internet trade.