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

Punishment of the crime

[Criminal record] On November 13, 2015, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Daejeon District Court on November 13, 2015 and completed the execution of the sentence at the Daejeon Prison on March 31, 2017.

[2] On October 3, 2017, the Defendant sold smartphones (opphone SE) at the Internet’s home located in the Daejeon Seo-gu Daejeon World Trade Organization to the “Seman Highest Country,” which is the Internet’s trading site for goods.

The phrase " shall be posted and the victim AV who reported and contacted it shall send a smartphone (Aphone SE) if it is given first to the victim AV who reported and contacted.

The phrase “ makes a false statement.”

However, the defendant did not have the above smartphones(E), so even if he received the price from the injured party, he did not have the intention or ability to send the goods.

The defendant deceivings the victim as above and is in the same month as the price for the goods from the damaged person;

9. The Defendant was transferred 185,000 won to the Kakao Bank Account (F) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. AV’s petition;

1. Previous convictions: Application of investigation reports (prior convictions for repeated crimes), text of judgment and applicable Acts and subordinate statutes to the status of confinement of individuals;

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] General Fraud (one year to two years and six months) / [the person subject to special aggravation] the same type repeated crime / [the decision of sentencing] / the sentencing conditions specified in the trial process of this case, such as the defendant's age, sex, criminal conduct, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., taking into account the following circumstances, the lower limit of the punishment is set as the order.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

The amount of damage is relatively small.

Unfavorable circumstances: the defendant has been punished for the same kind of crime, which results from the past.