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

Punishment of the crime

On December 28, 2017, the Defendant, at the Defendant’s house located in Seoul Special Metropolitan City, Nowon-gu, 105 Dong 1504, posted a false statement to the effect that “The sales of game items (c) is made after accessing the mobile game unit M by using smartphones,” and that “the sending of items if money is remitted” is sent to the victim D who reported and contacted.

However, since the defendant did not possess the above item at the time, even if he received money from the injured party, he did not have the intention or ability to provide the item to the injured party.

Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 165,00 from the victim on the same day, and then deceiving the victims in total six times from around that day to April 19, 2018 and transferred KRW 3,314,00 in total by the same method, such as the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective laws and regulations of E, D, F, G, H and I

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 grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that the defendant has been subject to punishment several times for the same kind of crime, the fact that the defendant has agreed with the victim E, the defendant's age, sexual conduct, intelligence and environment, relationship to victims, motive, means and consequence of the crime, etc. shall be determined as ordered in consideration of the circumstances after the crime, etc.