A defendant shall be punished by imprisonment for one year.

Punishment of the crime

피고인은 중국 SNS인 모모(MOMO), 큐큐(QQ), 웨이싱(WEI XIN)에서 대화명 ‘C’를 사용하는 회원으로서 위 모모 등에 ‘헤라(HERA) 비비크림‘의 사진과 ’헤라 비비크림 50개당 1,597,500원에 판매합니다’라는 글을 게시하였다.

On April 17, 2014, the Defendant: (a) at a place where the Chinese place is unknown; (b) reported the victim D’s phone posted a sign on the mother to the mother; (c) made a false statement to the effect that “The victim D wishes to commit an accident.” (d) the victim sent the price of the goods to the victim that “if sent the price of the goods, he would deliver the cosmetic.”

However, in fact, the Defendant did not have the above cosmetics at the time, and paid the above cosmetics from the victim to the victim to pay the amount of 4 million won borrowed from his/her natives, or to refund the amount of the cosmetics received from other persons prior to the instant case. Therefore, even if he/she received money from the victim, he/she did not have any intention or ability to send the said cosmetics.

Around April 18, 2014, the Defendant received from the victim the transfer of KRW 1,597,500 from the victim to the foreign exchange bank account (E) account in the name of the Defendant from April 30, 2014, to the day of April 30, 2014, the Defendant acquired the total amount of KRW 48,847,50 by the same method from the total of five victims, such as the list of crimes, to the day of April 30, 2014.

Accordingly, the defendant was informed of the victims and received property from the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of F, G, H, and I;

1. Application of Acts and subordinate statutes to the specifications of transactions by account, the statement of personal financial transactions, the statement of remittance, the hearing of victims and change of facts constituting an offense, and the application of the specifications;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. Aggravation for concurrent crimes;