A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Punishment of the crime

On November 16, 2018, the Defendant posted on the Internet site “B” a notice to sell gallon 8 mobile phones and gallon thallon 8 mobile phones and gallon 4 products, and falsely stated that the Defendant would sell gallon 8 mobile phones in KRW 180,000 and 150,000 in KRW 150.

However, the defendant did not have the above products, and there was no intention or ability to purchase goods and deliver them to the victim.

Accordingly, on November 16, 2018, the Defendant, by deceiving the victim as above, received KRW 1,80,000 from the victim to the D bank account (E) in the name of the Defendant on November 16, 2018, received KRW 1,50,000 from the victim, and acquired KRW 3,30,000 in total from the same account on November 20, 2018, and acquired KRW 1,760,00 in total under the name of selling mobile phones from the victims as shown in the annexed crime list by December 1, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Each petition of G, H, I, J, C, K, and L;

1. Application of Acts and subordinate statutes to each statement of transfer, details of transactions of D banks, details of M transactions, and details of N damage payments;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (i.e., the primary crime, the amount of damage, the amount of damage partially discharged, etc.);