Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a person who specializes in the business of buying and selling Obaba.

On February 20, 2019, the Defendant reported the sales text on the Internet goods transaction website B posted by the victim C, and contacted the victim with the victim, and subsequently, purchased the “N-max 125C” and “PCX 125C” at KRW 5.6 million.

However, in fact, the defendant did not have any intention or ability to purchase 5.6 million won of Obaba 2.

As above, the Defendant, by deceiving the victim, remitted 2.2 million won as a prior payment to the victim, and did not pay any balance of transactions promised on the ground of the defect of Obane which is not confirmed even after receiving the above Obane as a cargo delivery, thereby defrauding the above Obane.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the D screen pictures, text messages dialogue screen pictures, and repair specifications;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, purchased and handed over Obaba from the victim, and then acquired Oba in a manner that does not pay the price on the ground of the defect not verified as indicated in its reasoning.

Considering the attitude of deception by the Defendant against the victim, the criminal records of the Defendant’s similar crime, and other adverse effects on the sound order in trading, the Defendant’s responsibility is not somewhat weak.

However, the defendant recognized all of the crimes of this case and is against the law.

It does not seem that the actual amount of damage is significant by paying some amount as a prior payment in the process of obtaining Otobane by the defendant.

In addition to the above circumstances, the following conditions are comprehensively taken into account: Defendant’s age, character and conduct, motive and attitude of the crime, and circumstances after the crime.