A defendant shall be punished by imprisonment for a period of two months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal record] On February 3, 2016, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Seoul Central District Court on August, 2016, and the said judgment became final and conclusive on February 12, 2016.

[2] On August 28, 2015, the Defendant, in collusion with C, D, and E, posted a false advertisement to the victim F, who visited the Defendant that “I will sell Aphone 5S smartphones for KRW 3,300,000,000 by advertising KRW 6,40,000 on a second price, and shipping Aphone 101,00,00,000,000 to Jeju-do Doro 101,00,000.”

However, the defendant and C, D, and E were thought that there was no 5S 2 mobile phone sales, and they were to acquire the price by fraud from the victim.

Defendant, C, D, and E deceiving the victim as above, and they acquired 640,000 won through the Japanese bank account (Account Number: H) in the name of G from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Copy of each protocol concerning the examination of suspect of the police against E, C, or D;

1. A written statement;

1. Notice of sale, and a detailed statement of entry and withdrawal;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes of judgment, such as the Seoul Central District Court 2015 High Order 6869, 7653;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Prosecutor’s opinion - Four months of imprisonment;

2. Determination of sentence – Determination of sentence - Two months of imprisonment, and one-year systematic deception of stay of execution, and the method of deception shall also be chosen to be sentenced to imprisonment;

However, the defendant's confession, the principle of equity with the case where the judgment in the ruling becomes final and conclusive should be considered, and the fact that the defendant has repaid the damage to the victim shall be considered as favorable circumstances, and the age of the defendant.