A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On April 9, 2015, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Eastern District Court on July 16, 2015, and the execution of the sentence was terminated on July 16, 2015. On September 16, 2015, the Defendant was sentenced to three months of imprisonment for the same crime in the same court and completed the execution of the sentence on October 16, 2015.

Criminal facts

1. On December 26, 2016, the Defendant sold an article to the effect that “The Defendant sells the right to the PPPS in the face of the Internet bet to KRW 400,000,00” to the Internet bet and to the country, the Defendant was transferred KRW 400,000 to the national bank account in the name of D under the above payment.

However, the defendant did not have the above market access right, and there was no intention or ability to sell it.

Accordingly, the defendant deceivings the victim and defrauds the above 400,000 won.

2. On December 26, 2016, the Defendant sold an article to the effect that “The Defendant sells the right of commercial emult to 3.50,000 won” to the Internet Robert and to the country, the Defendant was transferred KRW 3.55 million to the national bank account in the name of D under the above consideration from the victim E who contacted with the Defendant.

However, the defendant did not have the above market access right, and there was no intention or ability to sell it.

Accordingly, the defendant deceivings the victim and acquired the above 350,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Written appeals, written statements, and written statements of C and E;

1. Reports on internal investigation (related to requests for provision of communications data);

1. Details of accounts in the name of D and inquiry into the Internet banking information;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime (the fraud point and the choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The review of the sentencing criteria [the scope of the recommended punishment] the general fraud (one hundred million won).