Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On October 11, 2016, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud at the Daegu District Court, and the said judgment became final and conclusive on October 19, 2016.

1. On August 16, 2016, the Defendant: (a) connected to the cell phone fix “(s) screen”; (b) posted a notice on the bulletin board to sell 5 opphones; and (c) made a false statement to the victim B who reported and contacted the text “to send opphones when depositing money.”

However, the defendant did not have any intention or ability to sell 5 sopphones to the victim.

As such, the Defendant, by deceiving the victim, received 173,000 won from the Daegu Bank Account (Account Number: C) under the name of the Defendant on the same day from the victim and acquired it by transfer.

2. On September 5, 2016, the Defendant posted a false statement that he sells Samsung C& 2 on the Internet’s bulletin board, a medium-sized and trading website, and reported and contacted the text to the victim D, “on deposit of money, Samsung 2 will send Samsung C& 2.”

However, the defendant did not have the intention or ability to sell Samsung C& 2 to the victim.

As such, the Defendant, by deceiving the victim, received 170,000 won from the Daegu Bank Account (Account Number: C) under the name of the Defendant on the same day from the victim and acquired it by transfer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement B and D;

1. A reply to the provision of communications data, a photograph, receipt, and investigation report (written request for the provision of financial transaction information and response data) by capturing a Kakao Stockholm message;

1. Previous convictions: Inquiry of criminal history, reporting of the previous convictions of the disposition, reporting of the result, application of the final and conclusive judgment, and the summary information of the KICS case;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.