A defendant shall be punished by imprisonment for six 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

The Defendant posted a notice stating that “Aphone X mobile phone is to be sold” on the C website, despite the absence of intention or ability to sell a mobile phone due to the absence of a mobile phone.

1. On May 4, 2018, the criminal defendant against the victim B made a false statement that he/she would sell a mobile phone to the victim B who reported and contacted the above writing, and he/she received 855,000 won from the victim as the price for the goods.

2. On May 6, 2018, the Defendant: (a) made a false statement that he/she would sell a mobile phone to the victim D who reported and contacted the above writing; and (b) received 850,000 won from the victim as the price for goods.

Summary of Evidence

1. Defendant's legal statement;

1. Each written petition filed by B and D;

1. Transfer certificate and specification of transactions;

1. Application of the Acts and subordinate statutes on text messages;

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;

1. The sentencing of Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Declaration of Provisional Execution; and the age, character and conduct, environment, motive, means and consequence of the crime; and the various sentencing conditions shown in the pleadings of the instant case, such as the circumstances after the crime, shall be determined as the order.

- There is no effort to recover damage that has been sentenced to a fine on several occasions for the same offence / Of the trials, that the escape - reflectment / the amount of damage is not greater / suspension of qualifications or more criminal records.