A defendant shall be punished by imprisonment for not less than two months.

Punishment of the crime

The Defendant is a person who operates the “U(AS) website” with AL in China.

On October 6, 2010, the Defendant placed an advertisement to sell clothes with the effect that “When transferring the clothing price, the Defendant will deliver the clothes” on the above website.

However, the defendant and the above AL did not have the intention or ability to sell them normally because they did not secure the significance of advertising on the above site.

The Defendant, in such a way as above, by deceiving KR from the victim who requested the purchase of the said site, and by deceiving 118,000 won from the victim to the virtual account (Account Number: KS).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of KR;

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the Criminal Act, the grounds for sentencing choice of imprisonment [decision of the sentence] Fraud, general fraud, and type 1 (less than KRW 100 million] None [the scope of recommending sentence] [the scope of recommending sentence] [the decision of the sentence] from June to one year and six months (basic area] of imprisonment [the decision of the sentence] as set forth in the records of the instant case, taking into account the following circumstances, such as the age, character and conduct, family relation, family relationship, home environment, motive and means of the crime, and circumstances after the crime, etc., the lower sentence is somewhat short of the sentence scope.

D. Unfavorable circumstances: The crime of this case is not good, which belongs to the sale of goods through the Internet site and acquired the price by fraud.

It is not possible to find out a trace of agreement with the victim or efforts to recover damage.

A favorable circumstance: The damage amount of this case is relatively small.

In a case involving a number of similar crimes, the defendant was sentenced to imprisonment for two years, and the appeal court (Seoul Central District Court Law 2015No1127) is continuing.