A defendant shall be punished by imprisonment for one year.

The defendant pays 680,000 won to the applicant C, which is obtained by fraud.

Punishment of the crime

피고인은 2016. 1. 24. 새벽 무렵 사실은 토 틀 피카소 등 서적이나 샤넬 가방 등을 가지고 있지 않아 이를 판매할 의사나 능력이 없음에도, 생활비를 벌어 보기 위해 중고 물품 거래사이트인 ’ 네이버 중고 나라 ‘에 접속하여 ’ 유아용 책인 토 틀 피카소 서적을 13만원에 판매하겠다‘ 는 허위 광고를 게시해 두었다.

On January 24, 2016, the Defendant reported the above advertisement at the Fel located in Seongdong-gu Seoul, Seongdong-gu, Seoul around 09:00 on January 24, 2016, and received 1.30,000 won from the damaged party’s account in the name of the Defendant around 09:19 on the same day.

In addition, the Defendant, from January 24, 2016 to May 16, 2016, by deceiving 48 victims through the aforementioned 48 times as indicated in the list of crimes in the attached Table, and received a total of 32,373,00 won from around 48 times.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each copy and statement of the victims of the list of crimes in attached Form;

1. Reporting cyber crimes of H;

1. Details of transfer to each account and the contents of text dialogue;

1. 내사보고( 피해 금 인출 CCTV 영상 확인), 주식회사 넥슨의 회신자료, 신한 은행의 압수 수색 검증영장 회신, KT 인터넷의 수사 협조 의뢰 결과

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Article 25 (1) and Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Compensation Orders and Sentence of Provisional Execution (Applicant C);

1. Reasons for sentencing under Article 32 (1) 1 and Article 32 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of the Compensation Order (Applicant D);

1. Scope of the recommended punishment according to the sentencing criteria: Imprisonment for not more than one year;