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

Punishment of the crime

[Criminal Power] On February 14, 2014, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud on August 22, 201 and the sentence becomes final and conclusive on February 14, 2014.

5. 14. A person who was sentenced in the same court for three months to imprisonment for the same crime and was sentenced to two years of probation on the 22th of the same month, and whose sentence has become final and conclusive and is still under probation;

【Criminal Facts】

On October 15, 2014, the Defendant: (a) connected the Defendant’s dwelling area located in the Da-si Building 307 to the “E” of smartphone fluoring fluoring with a mobile phone; and (b) told the Victim AY (Inn, 16 years of age) to sell the gallon 4 mobile phone air system at KRW 180,000,000.”

However, since the defendant did not own S4 mobile phones when galloning, even if he received money from the victim, he did not have the intention or ability to sell the above goods.

As above, the Defendant received 180,000 won as the sales proceeds of the mobile phone from the Gwangju Bank account (Account Number AZ) in the name of the Defendant on the same day from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements for AY Preparation;

1. One copy of account transactions with the victim;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. It is so decided as per Disposition in view of the following: although the Defendant’s reason for sentencing selecting a sentence of alternative punishment reflects the instant crime, there is no evidence to acknowledge that the victim was recovered from damage; and the Defendant committed the instant crime without being aware of the fact during the suspension period of execution due to the same type of fraud.