A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On March 4, 2017, the Defendant made a false statement to the effect that “The Defendant would send smartphones on the face of the transfer of wire money to the home page” to the victim E, who reported and contacted the writing posted by the Defendant, “To sell smartphones (flouds 2)” by accessing the DPC room located in the Nam-gu Incheon Metropolitan City C3rd floor.

However, the defendant did not have any intention or ability to sell smartphones even if he/she receives money from the injured party because he/she did not possess smartphones.

Nevertheless, the defendant deceiving the victim as above and transferred KRW 102,50 as sales proceeds to a new bank deposit account (F) in the name of the defendant on the same day from the victim.

The Defendant, from March 4, 2017 to March 12, 2017, by deceiving the victims on three occasions, as described in the list of crimes in the attached Form, and received a total of KRW 248,500 from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, G and H;

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

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are against the defendant, and the extent of damage is not severe, but not limited to the degree of damage. However, there are several criminal records for the same kind of crime and are not agreed with the victims, and are planned and used as a planned crime, and other factors such as the motive and process of the crime, character and conduct of the defendant,