Defendants shall be punished by imprisonment for not more than two months.

Punishment of the crime

[criminal power] On December 16, 2010, Defendant A was sentenced to two years of suspension of the execution of imprisonment for fraud, etc. at the Incheon District Court Branch Branch Branch of the Incheon District Court on December 24, 2010 and the judgment becomes final and conclusive on December 24, 201. On October 20, 2011, Defendant A was sentenced to eight months of imprisonment for fraud in the same court, and the judgment became final and conclusive on November 17, 2011, and the sentence of suspension of the execution became final and conclusive on March 30, 2012 during the execution of each of the above sentence, and was released on June 24, 2012 and Defendant B was released on June 24, 2012. Defendant B was sentenced to two years of suspension of the execution of imprisonment for special larceny, etc. at the Incheon District Court on February 8, 2012, and the judgment becomes final and conclusive on May 5, 2012.

【Criminal Facts】

Defendants conspired to commit fraud through E, F, G, and used goods trading sites to seek living expenses, etc.

On January 12, 2013, Defendants, E, F, and G discovered that the victim H posted a notice “to purchase the Lone Star Game” on the Internet’s website, and concluded that “50,000 won is deposited and sold the Lone Star Game if it is paid to the victim.”

However, even if the Defendants received money from the victim, they did not have the intent or ability to send the said game.

Nevertheless, the Defendants, E, F, and G deceiving the victim as above and they received 50,000 won from the national bank account in the name of Defendant E on the same day.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the interrogation of suspects of E;

1. Statement of the police statement related H;

1. Details of transactions and text messages;

1. Previous records: Criminal records, investigation reports, and application of respective statutes of the judgment;

1. Relevant Articles of the Criminal Act and the selective Defendants of the punishment: Articles 347 (1) and 30 of the Criminal Act;

1. Defendant A among repeated crimes: Article 35 of the Criminal Act;