1. The defendant shall be punished by imprisonment for two months;

2. Provided, That 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 October 21, 2014, the Defendant was sentenced to imprisonment with prison labor for one year for fraud, and on October 29, 2014, the said judgment became final and conclusive.

1. On July 25, 2014, the Defendant posted an advertisement stating that “on portable telephone block 1 is sold in KRW 80,000,000” on the Internet Nene middle and Libera page.

However, there was no intention or ability to sell the goods even if the money was remitted from the victim B who reported and contacted the above advertisement.

As above, the Defendant, by deceiving the victim, received 80,000 won from the victim to the Agricultural Cooperative Account (C) in the name of the Defendant, and acquired it by fraud.

2. Around July 30, 2014, the Defendant posted an advertisement stating that “I will sell one cellular phone at galthal thallon,” on the opening place of mobile phone display.

However, there was no intention or ability to sell the goods even if the money was remitted from the victim D who reported and contacted the above advertisement.

As above, the Defendant, by deceiving the victim, received 50,00 won from the victim to the above account, and acquired it by fraud.

3. On August 8, 2014, the Defendant posted an advertisement “to sell mobile phones” at the above display rate.

However, there was no intention or ability to sell the goods even if the money was remitted from the victim E who reported and contacted the above advertisement.

As above, the Defendant, by deceiving the victim as above, received 30,000 won from the victim to the above account under the pretext of advance payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each copy, written statement, and written statement of B, D, and E;

1. Each specification of transactions and evidential materials;

1. Previous convictions: Application of Acts and subordinate statutes of defendant's legal statement;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

4. Article 62(1) of the Criminal Act of the suspended execution is below.