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

Punishment of the crime

On August 25, 2017, the Defendant posted a false statement to the effect that “I” published in Gangnam-gu Seoul, Seoul, KRW 310,00, and that “BH 50,000 won cultural gift certificates are sold to KRW 89,00,00” on the Internet bulletin board using a mobile phone, and that the Defendant made a false statement to the effect that “I” was informed of the Defendant’s account number to the victim BH who contacted with the reporting.

However, the defendant did not have the above cultural merchandise coupon so that he did not have the intent or ability to sell the merchandise coupon even if he received money from the injured party.

As above, the Defendant: (a) by deceiving the victim as above, received KRW 89,000 from one bank account under the name of the Defendant for the same day as the sales proceeds of merchandise coupons; and (b) received KRW 445,000,000 in total as the sales proceeds of merchandise coupons from the victims five times from around that time to October 15, 2017, as shown in the list of crimes in the attached Table of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to BI;

1. Each statement of the BH, BJ,K, and BL;

1. Notice falsely posted, inquiries into the results of the transfer, the details of each text message, the certificate of confirmation of remittance, the certificate of confirmation of transfer, and the application of the Acts and subordinate statutes on receipts;

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

1. Circumstances that are favorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes: Confession, reflectivity, and the fact that there is no record of punishment for the same kind of crime prior to the instant crime: The punishment shall be determined as ordered by the order, comprehensively taking into account the following factors, such as the Defendant’s age, sex, sex, environment, occupation, family relationship, motive and consequence of the instant crime, and the circumstances after the instant crime.