A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 2, 2015, at a place where a place is unknown, the Defendant made a false statement to the effect that “a gallonian 3 sells a gallon 3 on the bulletin board” by accessing “a gallon gallon 3” using his/her smartphone in a place where the Defendant’s place is unknown, and that “a gallon 3 will send a gallon 3,000 won to the victim U.S. who reported and contacted the writing.”

However, there was no intention or ability to send gallon 3 to the victim even if he receives the price from the victim because the defendant does not have gallon 3.

The Defendant, by deceiving the victim as above, received 170,000 won from the Defendant’s national bank account (E) under the name of the Defendant for the same day jugal jugno 3 price.

In addition, the Defendant received from around July 10, 2015, a total of KRW 916,000 from six victims, as shown in the list of crimes in attached Form 1 until July 10, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police of U;

1. A written statement of V, W, X,Y, and Z;

1. Application of Acts and subordinate statutes on confirmation of electronic financial transfer transactions, message of issues, etc., detailed list of transactions, closures, detailed statement of the screen, certificate of request for remittance, each text message, written confirmation of deposit and withdrawal transactions, written statement of deposit and withdrawal transactions, specifications of transactions, photographs, and details of account transactions;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] [the grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50] of the General Fraud [the scope of recommending punishment]] and there is no basic area (6 to 100 million won) [the decision of sentencing] [the defendant is recognized to reflect his mistake, but the defendant committed the crime in this case even though he was punished several times for the same kind of crime and committed the crime during the suspension of sentence due to the same crime.