The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who uses and sells social network services (SNS) B’C accounts.

On June 13, 2019, the Defendant posted a notice on the sales of “Emers Slicker in Emers” in the said account at a place where the location is unknown, and falsely told the victim D, who reported and contacted, to the effect that “I will send 200,000 won to the victim D.”

However, even if the defendant did not actually possess the above goods and received the money for the goods, he did not think that it would be consumed in the cost of living, but did not have an intention or ability to deliver the goods normally.

Nevertheless, as seen above, the Defendant, by deceiving the victim, received KRW 200,000 from the victim to the E bank account in the name of A, and received KRW 4,951,00 from the victims on 17 occasions in total as shown in the separate crime list from July 22, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol (one time, two times) of the accused;

1. Each written statement of F, G, H, I, J, D, K, L, M, N,O, P, Q, R, and T;

1. Domestic investigation report and attached deposit receipt;

1. Application of Acts and subordinate statutes, such as the screen of each transfer, a screen of a sales letter and a closure screen;

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

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The scope of recommendations on the sentencing criteria [decision of types] the basic area (where a decision on the recommended area is made on a non-specific or large number of victims, where considerable damage has been recovered) of types 1 (decision on the recommended area), the basic area (where a decision on the recommended area is made on a non-specific or large number of victims] (the scope of recommendations) from six months to one year and six months;

2. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, and other defendants;