A defendant shall be punished by imprisonment for six months.

The defendant pays 130,000 won to the applicant through fraud.

Punishment of the crime

On August 15, 2020, the Defendant made a false statement to the effect that, by using a mobile phone from the Defendant’s dwelling in Jindo-gun, the Defendant would sell the New Ballast 993’s sports when transferring the price to the victim E, who reported and contacted the sales posted by the Defendant on “D”, which is an Internet trading site.

However, at the time of fact, even if the defendant receives money from the injured party as the price of the sale of goods, he was thought to use it as living expenses or Internet gambling funds, but he did not intend to sell the above movement to the injured party.

Nevertheless, the Defendant, as seen above, received KRW 130,00 from the victims to the F account (G) in the name of the Defendant on the same day from the victim, and acquired money from the victim under the name of the Defendant on the same day as the sales proceeds of the goods, and acquired KRW 773,00 in total from August 11, 2020 to August 16, 2020 as indicated in the List of Crimes in the attached Table, and acquired KRW 773,00 from the five victims as sales proceeds of the goods.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written petition and each written statement;

1. Documents to confirm the transfer, such as a photograph of a text message and deposit details, a photograph of the closure of each text message, a photograph of each remittance, a receipt of deposit confirmation, a photograph of each text message, and a photograph of the closure of each text message;

1. Application of Acts and subordinate statutes to a warrant of search and inspection;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, 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 25 (1) 1 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. Grounds for sentencing under Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits with Sentence of Provisional Execution;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Aggravation of the recommended punishment in accordance with the sentencing guidelines [type 1] Aggravation of less than KRW 100 million (special sentencing factors) by general fraud (type 1): is intended for unspecified or large number of victims.