A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On June 9, 2018, the Defendant posted a notice to the Internet B website using a computer at the store in the Si of Mapopopopo-si, Si on June 9, 2018, stating that “The Defendant will send KRW 250,000 won to the victim C who reported and contacted the above notice.”

However, the Defendant did not have an intent or ability to sell a new world merchandise coupon even if he received money from a victim because he did not possess a new world merchandise coupon.

As such, the Defendant, by deceiving the victim, received KRW 250,00 from the victim’s bank account in the name of the Defendant, and received KRW 250,00 from the victim to the bank account in the name of the Defendant, and received KRW 4,981,00 in total from May 17, 2018 to August 1, 2018 by the said method as stated in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. C, E, F, G, H, I, J, K, L, M, N, P, Q, R, T, and U written statements;

1. Investigation report (victim V telephone communications on suspect A fraud case), investigation report (as to attachment of a warrant of search, seizure and verification to data)

1. Each reply to a warrant of search, seizure and verification;

1. Data attached to each written appeal and written statements;

1. Application of the Acts and subordinate statutes on the details of letters to the victim V transactions;

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

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

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendations according to the sentencing criteria (the determination of types) shall be the same kind of fraud (the type 1) and the sum of profits shall be determined by adding up the amounts of profits, since it is a concurrent crime of less than 100 million won. [The scope of recommendations and recommendations] basic area, imprisonment with labor for six months to one year;

2. Circumstances unfavorable to the decision of sentence: The defendant shall merchandise coupon, etc. to the victim of 19 persons;