A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On December 19, 2016, the Defendant made a false statement to the effect that “Around December 19, 2016, the Defendant: (a) sent a phone call to the victim C, who visited NAV and posted a letter on the website of the Republic of Korea (hereinafter “Aphone 5”) and called “Aphone 5, selling Aphone 5.”

However, even if the defendant receives money from the injured party, he did not intend to sell the phone.

Nevertheless, the defendant deceiving the victim as above and transferred KRW 70,000 as sales proceeds to the business bank deposit account (D) in the name of the defendant on the same day from the victim.

The Defendant, from December 19, 2016 to April 17, 2017, by deceiving the victims four times as described in the list of crimes in the attached Form, and received a total of KRW 170,000 from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of respective Acts and subordinate statutes of C, E, F, and G;

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

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. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommendation] The reason for sentencing under Article 62-2 of the Social Service Order Act / [the scope of punishment / [the scope of recommendation] the aggravated area (one to two years) / [1 to six months] / the case where an unspecified or large number of victims are committed either repeatedly or repeatedly for a considerable period of time (the decision of sentence / the sentence ] The following circumstances include the defendant's age, sex, behavior, family relation, family environment, motive and means of the crime, and circumstances after the crime, etc., the sentence is set as the order by lowering the lower limit of punishment.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.