A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 7, 2016, the Defendant posted a notice on the sales of gold products to the Kakao Scaro, and reported the above writing to the victim C, the Defendant, even if having received the down payment from the injured party, would make a gold product within a week if the Defendant deposited the down payment to the injured party in the absence of the intention or ability to locate the gold product ordered by the injured party and there is no balance payment to the Sejong industry and there is no intention or ability to send the ordered gold product to the injured party.

A false statement was made.

The Defendant, by deceiving the victim as such, received 1.3 million won in total from the injured party as the down payment immediately, and received 1.3 million won in total from 1.3 million won in the following day.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Investigation report ( telephone communications of a victim);

1. Application of Acts and subordinate statutes on transactions of authentic books and gold accounts;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommendation] of Article 62-2 of the Act on the Protection and observation of the crime of this case and the reason for sentencing [the punishment of this case] is the basic area (6 months to 100 million won) / [the decision of sentence] / [the defendant's age, sex, environment, background leading to the crime or motive leading to the crime, circumstances leading to the crime of this case, etc. are revealed in the following circumstances: (a) the crime of this case was committed repeatedly in a short period; (b) the nature of the crime is not good in light of the methods and contents of the crime; (c) the crime of this case is recognized and reflected late; (d) the damage from the crime of this case is not more than half of the total amount of the total amount of the punishment of this case; (d) the punishment of this case is not more than half of the total amount of the punishment of the crime of this case; and (e) the punishment of this case is determined comprehensively by taking into account all the circumstances revealed in this case.