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

Punishment of the crime

On July 28, 2015, the Defendant was sentenced to seven months of imprisonment for fraud, etc. at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the said sentence on October 10, 2015.

1. On November 21, 2015, Defendant 2016, Defendant 1022, reported the Defendant’s writing posted to the effect that the Defendant sold a mobile phone charging device, etc. on the Internet’s website, and the Defendant’s false statement to Defendant C, stating that “h0,000 won is sent to the cell phone charging device, wire ropes,” but even if the Defendant received money from the injured party, the goods are sent.

Inasmuch as there was no intent or capacity to reduce, it received 80,000 won from the injured party to the new bank account in the name of the accused, from that time, from that time until January 4, 2016, by deceiving the victims, such as the statement in the list of crimes attached hereto, and received 702,000 won in total over 10 times.

2. On January 2, 2016, Defendant 2016, Defendant 1947, said false statement to the victim D, who reported and contacted the Defendant’s writing posted to the effect that the Defendant sold “embling 50,000 toy” on the Internet’s website, but sent toys even if the Defendant received money from the fact-finding victims.

Inasmuch as there was no intention or ability to act, 50,000 won was remitted from the injured party to the national bank account (E) in the name of the accused.

Summary of Evidence

[2016 Highest 102]

1. Statement by the defendant in court;

1. Each petition of C, F, G, H, I, J, K, L, and M;

1. N's accusation (2016estest 1947);

1. Statement by the defendant in court;

1. A D's written statement (Before ruling), inquiry by inquiry, including criminal history, and application of Acts and subordinate statutes on personal identification and acceptance status;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Standard for sentencing 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 [the scope of recommendations] types 1 (less than KRW 100 million) and the special aggravated area (one year to three years) / [the specially aggravated person].