A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On August 19, 2016, the Defendant posted a letter that “sales of a mobile phone” by accessing the Defendant’s friendship house located in Gangnam-gu Seoul Metropolitan Government, via smartphones to “hromarket,” which is an Internet-based product site, and then transfers the price to the victim D who reported and contacted.

A false statement was made.

However, the defendant did not have the intention or ability to sell the mobile phone even if he receives the payment from the victim D because the defendant needs to pay living expenses in a state without any revenue.

The Defendant deceivings the victim as above and transferred KRW 130,000 to the forestry cooperative account under the name of the Defendant on the same day from the victim D.

In addition, the Defendant received a total of KRW 1,335,00 from the victims over 12 occasions in the following manner as indicated in the list of crimes from August 19, 2016 to May 16, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G, H, D, I, J, K, L, M, or N;

1. Each statement of transfer transactions, each statement of transfer, and each statement of financial transactions;

1. Application of water-related Acts and subordinate statutes by reducing the contents of each conversation;

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 reasons 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 have been punished several times, including the same crime.

Nevertheless, each of the crimes of this case has been committed more than 12 times.

The damage has not been recovered and the victims have been punished for the defendant.

However, it is against the defendant, and the amount of damage is relatively large.

In addition, in consideration of the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc., and all of the sentencing conditions identified in the process of the crime in this case shall be determined as per the order.