The defendant shall be exempted from punishment.

Punishment of the crime

[criminal records] On October 20, 2016, the Defendant was released from Seoul Southern District Court on February 28, 2017, and the parole period expired on March 17, 2017. On June 29, 2018, the Defendant was sentenced to two years of imprisonment for fraud from the Suwon District Court to the Suwon District Court, and the judgment became final and conclusive on July 7, 2018.

[Criminal facts]

1. On May 29, 2017, the Defendant, against the victim B, sold the old Litco white on the Internet and on the website of the Republic of Korea.

“Written Notices,” and the victim B who reported and contacted this, “If 400,000 won is remitted, she will send the above disco white.”

“A false representation was made.”

However, as the defendant did not have the above old wastes, he did not have the intention or ability to sell them to the victim.

The Defendant received 400,000 won from the injured party on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. On July 11, 2017, the Defendant against the Victim C sells “Open Stton Open Stton” on the Internet and on the website of the country.

“The 390,000 won is remitted to the victim C who reported and contacted the 390,000 won.”

“A false representation was made.”

However, the defendant did not have the above visibility and did not have the intention or ability to sell it to the victim.

The Defendant received 390,00 won from the injured party on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. B’s authentic statement and written statement;

1. Report and statement of cybercrime C;

1. Inquiry of transfer details, sales text, text dialogue, each transaction details, and text message;

1. Previous records: The defendant's legal statement, criminal history inquiry, personal confinement status, investigation report (verification of repeated crimes), copy of each judgment, and application of the search Acts and subordinate statutes of Supreme Court Na;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;