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

Punishment of the crime

【Criminal Power, which is the requirement for repeated crimes, the Defendant was sentenced to six months of imprisonment with prison labor by the Incheon District Court on July 19, 2013, and the enforcement of the sentence was completed at the Incheon Detention House on November 14, 2013.

【Criminal Facts of Crimes】 On October 31, 2014, the Defendant posted a false statement on the Defendant’s mobile phone in the vicinity of the operation Dong in Gyeyang-gu Incheon, Incheon, stating that “The Defendant will send a galthot 3 mobile phone to the victim BJ which visited the Defendant by accessing the Internet NAV BI car page, and “on deposit of KRW 355,000,000, the Defendant will send the galthot thalthot 3 mobile phone directly.”

However, the defendant did not have a gallon three mobile phones, so even if he receives the price of goods from the victim, he did not have the intention or ability to send it.

Nevertheless, the Defendant received KRW 355,000 from BJ to the account in the name of the Defendant on the same day, and received KRW 1,505,000,00 from October 24, 2014 to October 31 of the same year by deceiving the victims by the same method four times in total, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Written appeals filed by BJ, BK, BL, and BM;

1. Before ruling: Resident inquiry and criminal records, and application of Acts and subordinate statutes to investigation reports (personal confinement/collection status);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the sentence is rendered as per the disposition, taking into account equity in cases where the sentence was rendered together with the judgment of the Suwon District Court rendered on January 30, 2015 on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.