A defendant shall be punished by imprisonment for four 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 March 29, 2019, the Defendant was sentenced to imprisonment with prison labor for one year at the Daegu District Court for fraud, and the judgment was finalized on April 6, 2019.

1. On November 10, 2017, the Defendant posted a letter “D sales of New Many Healthing in KRW 100,000” on the bulletin board of “D”, a website for high-end transactions, and said that “10,000 won will be forwarded to the victim E who has reported and contacted it.”

However, since the defendant did not possess the above goods, even if he received money from the victim, he did not have the intention or ability to send the money to the victim.

As such, the Defendant, by deceiving the victim, received 100,000 won from the victim to the Daegu Bank Account (F) in the name of the defendant, and acquired it by fraud.

2. On July 16, 2018, the Defendant posted the above Defendant’s house, a letter “G” bulletin board on the Internet site “G,” and said, the Defendant said that “a victim H who reported and contacted this fact will send 105,000 won to a knive of the knex by remitting the knex.”

However, since the defendant did not bear the above goods, even if he received money from the victim, he did not have the intention or ability to send the money to the victim.

As such, the Defendant, by deceiving the victim, received 105,00 won from the victim to the account of community credit cooperatives (I) in the name of the defendant, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written petition and each written statement;

1. Previous records of judgment: Criminal records, references to criminal records, reports on the previous records of each disposition and results of confirmation, and application of each statute of the judgment;

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

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

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