A defendant shall be punished by imprisonment for a month.

Criminal facts

On November 15, 2017, the Defendant, by accessing AAB car page, which is a Internet goods trading site, posted a letter to sell “S7” at gallon, and reported and contacted “where money is paid, smartphone will be sent to the victim H Q who sent money.”

“A false representation was made.”

However, since the defendant did not have smartphones, even if he receives money from the injured party, he/she send smartphones.

there was no intention or ability to act.

The Defendant, as such, by deceiving the victim, received 160,000 won from the victim to the U bank account in the name of B.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition of H Q and a written statement of H Q;

1. Application of Acts and subordinate statutes on remittance receipts;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing selective sentencing of a sentence of imprisonment is that the defendant committed the same kind of crime, etc. under the same law and is currently serving in the appellate trial after having been sentenced to two-year imprisonment by this court on June 28, 2018. As such, if he/she received a judgment at the same time as the above judgment, the sentence is below the recommended range of punishment according to the sentencing guidelines, but is determined like the order, considering the possible sentencing when he/she received a judgment at the same time