A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 21, 2017, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud at the Jeonju District Court (hereinafter “former District Court”) and the judgment became final and conclusive on September 7, 2018.

피고인은 2017. 11. 14. 경 무주군 C에 있는 D에서, 중고 물품 거래사이트인 네이버 중고 나라 카페에 “ 애플 이어폰 에어팟을 팝니다.

”라고 글을 게시하고, 이를 보고 연락한 피해자 E에게 “ 애플 이어폰 에어팟을 17만 원에 팔겠다.

“The phrase “ was false.”

However, even if the defendant receives the payment from the above injured party, he did not have the intention or ability to sell the above product.

As a result, the Defendant received 170,000 won from the above victim as a new bank account in the name of F, the mother of the Defendant, and received 690,000 won in total from the victims four times from February 1, 2018, such as the statement in the list of crimes in attached Form.

Accordingly, the defendant was informed of the victims and received property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, H, I, and J;

1. Application of Acts and subordinate statutes to a certificate of deposit, certificate of deposit without passbook, and certificate of service use;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution: The commission of fraud in the sale of Internet goods should be strictly punished because the order of sound Internet electronic commerce is damaged, the promotion of e-commerce is promoted to the society as a whole, and multiple victims are able to grow up.

Not only the defendant has been punished several times for the same crime, but also each crime of this case is highly likely to be punished immediately after being tried for the same crime or sentenced to suspended execution.

. The above.