A defendant shall be punished by imprisonment for not less than eight months.

The request of applicants for compensation shall be dismissed.

Punishment of the crime

On March 11, 2017, the Defendant posted a notice on the Seoul Franber’s Internet site, stating, “If the Defendant sells mixed 100 Oral Kaba, he would deliver Oral Baba to the Defendant if he pre-paid the payment.”

However, in fact, the defendant did not have any intention or ability to deliver Obaba to the buyer, because he thought that he would be used to repay his obligation even if he receives Obaba payment.

Nevertheless, the defendant, who reported and contacted the above notice, will deliver Oral Ba to the victim E who received prior payment of Oral Ba.

“Along with the false statement,” the victim received KRW 1,00,000 on the same day from the victim as the Obato, and KRW 3,00,000 on March 15, 2017 from the victim to the one bank account (Account Number:F) account under the name of each Defendant, from that time to March 26, 2017, by deceiving the victims by the same method four times in total, as shown in the list of crimes in the attached Table, and by receiving KRW 4,60,000 in total under the name of Obato money.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G, H, E, and D;

1. Application of each written statement of transfer Acts and subordinate statutes;

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

1. Imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The grounds for sentencing under Article 32(1)3, Article 25(3), 3, and 4 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., are as follows: (a) there is no record of criminal punishment before the instant case; and (b) the fact that some victims have returned the money acquired by deceit is favorable.

However, there is no way to commit crimes, such as writing false posts, sending fake photographs to the victim.

In order to comply with the request of the investigative agency for attendance and to attract time, the person shall request the transfer to the net police station irrelevant to the case, and this court shall issue a writ of summons from this court.