A defendant shall be punished by imprisonment for four months.

The defendant pays 90,000 won to the applicant for compensation as fraudulent damage.

Punishment of the crime

[criminal power] On November 5, 2015, the Defendant was sentenced to two years of imprisonment for fraud at the Daegu District Court on May 22, 2017, and the execution of the sentence was terminated in the military prison on May 22, 2017. On April 4, 2019, the Incheon District Court sentenced the Defendant to one year of imprisonment for special larceny, etc., and the judgment became final and conclusive on April 29, 2019.

【Criminal Facts】

Although the defendant did not intend or have the ability to sell goods, he thought that he did not go through the Internet C website to raise living expenses, etc. as if he sold it.

1. On January 16, 2019, the Defendant, on January 16, 2019, wanted to purchase a “nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical nautical Track, posted by the victim B on the Internet CKaf page.” The Defendant, upon reporting to and communicating with the victim, told the victim as if he/she sold the said book, by receiving KRW 90,00 from the victim to E (F) in the name of D.

2. On January 17, 2019, the Defendant wanted to purchase the hond machinery honding machine posted by the victim G on the Internet CKaf page at the lux on January 17, 2019. “In reporting on this writing, the Defendant reported the victim’s contact with the victim, and falsified and acquired KRW 50,000 from the victim to the above E account as the price for goods.

3. On January 29, 2019, the Defendant: (a) reported on January 29, 2019, the phrase “the purchase of middle and high drums” posted by the victim H on the Internet CKaf page; (b) made contact to the victim; and (c) made such contact with the victim as if he/she sold the said drums; and (d) received money from the victim to the above E account as the price for goods.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Each statement of B, G, and H;

1. Each written petition;

1. Posting notices, writing, I protocol, content of dialogue, each statement of transfer, each I conversation, statement of account transaction by account, and resident registration certificates D;

1. Records of judgment: Criminal records, etc., inquiry reports, written judgments, and written judgments;