Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On September 24, 2017, the Defendant posted an advertisement on selling “S7 Soviet Smartphone” on the Rogal Roster in the Republic of Korea, and then sent an advertising smartphone to the victim B (S 49 years, South) who reported and contacted the advertisement if it is prohibited from entering the advertisement.

The term "" refers to the following.

However, the defendant did not have a smartphone and did not have any intention or ability to send the advertised smartphone even if he received the advance payment.

The Defendant, by deceiving the victim as such, received KRW 255,00 from the new bank account in the name of the Defendant for the purchase price of smartphones on the same day from the victim, and acquired it by remitting KRW 25,00.

On September 25, 2017, the Defendant continuously posted a letter of smartphone advertising, such as the NAV in the High Republic of Korea, and received 255,000 won from the victim D (32, South) who misleads the Defendant as a true advertisement to transfer it to the new bank C account in the name of the Defendant.

Accordingly, the defendant received a total of 510,000 won from two victims to transfer them to a smartphone purchase price.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes in D and B;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which include the fact that the accused has been punished for the same kind of crime, the fact that the accused has repaid the amount of fraud to the victims, the age, sex, intelligence and environment of the accused, relationship to the victims, motive, means and consequence of the crime, etc., shall be determined as ordered in consideration of the circumstances after the crime.