A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

In order to raise money, the defendant and B posted a letter to sell mobile phones on the Internet site that trades used goods, and obtain money from the user of the mobile phone, B provides the head of the Tong who takes contact and receives money, and the defendant shared the role of posting a letter on the Internet site.

On August 2, 2014, the Defendant and B, at the DPC counter located in Changwon-si's window C, reported on the Internet site "sale of the galthot 2 mobile phone on the Internet site" bulletin board by the Defendant and B, and made a false statement to the victim E who contacted with the victim, "on deposit of 160,000 won, it will send the cell phone."

However, the defendant and B did not possess a mobile phone, and even if they receive the payment from the victim, they did not have the intent and ability to send the mobile phone to the victim.

The Defendant and B, as above, deceiving the victim, received KRW 1.60,000 from the victims, as shown in the separate crime list, including the fact that around August 2, 2014, the Defendant and B received KRW 820,000 in total from the victims, from around that time to August 13, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each statement of E, H, I, and J;

1. Application of Acts and subordinate statutes to remittance statements, details of transactions, written confirmation of details of transactions, results of transfer processing, and transaction transfer certificate;

1. Articles 347 (1) and 30 of the Criminal Act concerning the facts constituting an offense;

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 crime of this case on the grounds of sentencing under Article 62-2 of the Probation Criminal Act is deemed to have committed the crime of defraudation against multiple persons on a multiple occasions, not to be somewhat weak.

However, the victims have recovered from damage, the defendant's mistake is against the defendant, and other defendants.