A defendant shall be punished by imprisonment for one month.

Punishment of the crime

[criminal records] On April 29, 2016, the Defendant was sentenced to four years of imprisonment with prison labor for robbery, etc. in the support of Suwon Frigwon, and the judgment became final and conclusive on May 10, 2016.

[Criminal facts] On December 17, 2015, the Defendant connects the Internet site NAV and sells Samsung 3 mobile phones to the country at the Internet site PC located in Ansan-dong, Ansan-si on December 17, 2015.

“The instant indictment contains “45,00 won” written by the victim C who reported and contacted the instant indictment, but it is apparent that it is a clerical error (6,14 pages of the investigation record). As such, the instant indictment is corrected ex officio without any amendment to the indictment.

A false statement was made to send a mobile phone upon payment.

However, even if the defendant receives the price, he did not have the intention or ability to sell it.

The Defendant received KRW 190,00 from the injured party’s national bank account (number E) in the name of D on the same day, and as above, around December 11, 2015, the instant indictment contains “154,000 won from the injured party F, and around December 13, 2015,” but it is obvious that it is a clerical error (39,133 pages of the investigation record). Thus, it is corrected ex officio without changing the indictment.

On December 17, 2015, the victim G received KRW 102,000 from the victim H (the total amount of KRW 636,000,000) respectively.

Accordingly, the defendant deceivings victims to acquire financial benefits equivalent to the above amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police station against D;

1. Statement made by the police against C;

1. Each statement of H and F;

1. Copy of a certificate of transfer confirmation;

1. Data received text messages;

1. CCTV image data;

1. Details of transactions of deposits and withdrawals;

1. Previous convictions: Inquiry of criminal history, reporting of the previous convictions and reporting of the results thereof, and applying the statutes of the judgment;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act concerning the selection of criminal facts; and