The defendant shall be exempted from punishment.

Punishment of the crime

[Judgment falling under the latter part of Article 37 of the Criminal Act] On March 29, 2018, the Defendant was sentenced to imprisonment with prison labor for a limited term of eight months for a short-term of eight months in the Daejeon District Court's Branch for the purpose of special larceny, and the judgment became final and conclusive on June 22, 2018.

[2] The Defendant: (a) posted an advertisement advertisement on the phone sales with D’s photo from “the phone page” to “the phone page,” using the “the phone page” account with C and D owned smartphones; and (b) recruited buyers who had reported and contacted the above posting as if they were to sell the phone, deceiving the buyer as if they were to sell the phone, to receive money in the name of the purchase price from the purchaser to a new bank account in the name of C.

The Defendant, at Pyeongtaek-si around January 13, 2018, visited the Defendant’s gallon (8 mobile phones) bulletin board using the Defendant’s gallon-based mobile phone, and posted an Aphone advertising advertisement after accessing C’s account provided by C, and posted it on the victim E ( South, 19 years old) who reported and contacted the above posted, “on the transfer of the purchase price, I will send the opphone to the Defendant.”

The phrase “ makes a false statement.”

However, even if the defendant receives money from the injured party, the defendant was planned to use the money for living expenses or entertainment expenses, and thus there was no intention or ability to sell it to the injured party.

As above, the Defendant conspired with C to induce the victim, and received 40,000 won in a new bank deposit account (F) in the name of C provided by C from the victim.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. The self-examination protocol (C);

1. Statement protocol (G);

1. A petition and a written statement (E);

1. Kakao Stockholm photographs and transfers receipts to the extent that the contents of the Kakao Stockholm conversation are closed;

1. Egresponding photographs, users of a gresponding, and information on notices (a final judgment constituting concurrent crimes after Article 37 of the Criminal Act) of a notice for the sale of a gresponding machine;

1. Written inquiry about criminal history, etc.;

1. Court rulings bound in the public trial records and application of the search Acts and subordinate statutes;

1. Relevant Articles of the Act concerning the facts constituting the crime;