A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On April 8, 2016, the Defendant was sentenced to imprisonment with labor for fraud at the Busan District Court on April 8, 2016, and was released on March 25, 2016 by the Busan District Court on March 25, 2016.

Criminal facts

On September 18, 2016, the Defendant: (a) reported the victim E in the Delel located in Busan Eastdong-gu, Busan; (b) reported on the bulletin board “China-gu,” which is a website for trading goods from the Internet; and (c) contacted the victim with “to deliver goods to the owner upon the transfer of the price.”

However, since the defendant did not have the goods sold, even if he received the payment from the injured party, he did not have the intention or ability to sell the goods.

Nevertheless, the defendant deceiving the victim as above and received 500,000,000 won from the one bank account under the name of the defendant on the same day from the victim. From around that time to November 1, 2017, the defendant obtained the total sum of 14,395,000 won from the victims over 43 times, such as the list of crimes in the annexed list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. The respective letters or statements of E, F, G, H, I, K, K, L, M, P, Q, Q, R, T, U, V,W, X, Y, Z, AB, AC, AD, AD, AE, AF, and AG;

1. Application of Acts and subordinate statutes of one copy of a transaction statement of AH Han Bank, A Han Bank, Hyup, and Substitute Savings Bank, respectively;

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommendations] Article 1 type (100 million won or less) of the Act on the Aggravated Punishment of Concurrent Crimes (1 to 3 years and 9 months) of the Act on the Aggravated Punishment of Concurrent Crimes (1 to 100 million won) and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes. In the event that the special aggravated area (1 to 100 million won or less) (2) of the Act on the Aggravated Punishment of Concurrent Crimes is either intended for, or repeatedly