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

Punishment of the crime

On October 26, 2017, the Defendant, at the Seoul Northern District Court, sentenced one year and six months of imprisonment for fraud, etc., and completed the execution of the sentence on December 22, 2018.

Around February 1, 2019, the Defendant posted a notice to the effect that he sells PSN gift certificates by accessing the Internet site “BM” account, and then sent money to the victim BN who reported and contacted the above writing to the effect that he/she would send the gift certificates if he/she sent money from the victim to AC account in his/her name.The following day after the statement to the effect that he/she received KRW 45,000 as the purchase price for the gift certificates from the victim to February 13, 2019, and received KRW 357,100 as the purchase price for the gift certificates or tickets from the victims by the same method four times in total, such as the list of crimes, from the date to February 13, 2019.

However, the defendant did not have the intent or ability to send the gift certificates, etc. even if he received money from the victims because he did not have the gift certificates, etc. sold to the victims.

Accordingly, the defendant deceivings the victims as above, and acquired a total of 357,100 won from the victims as the price.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement and written petition;

1. A photograph by cutting a course, such as a certificate of remittance, BO photograph by cutting down each account, details of transactions, text messages, etc.;

1. Previous records: Criminal records, inquiry reports, judgments, and application of Acts and subordinate statutes on the current status of confinement of individuals;

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 among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of punishment by law: One month to thirty years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (the determination of types) shall be limited to fraudulent offenses: general fraud [the type 1] below the amount of less than 100 million won (a special person]. The amount of punishment shall not be limited; or