A defendant shall be punished by imprisonment for six months.

The defendant pays 200,000 won to the applicant through fraud.

Punishment of the crime

On August 31, 2017, the Defendant posted a letter to sell a mobile phone (gallon No. 5, Aon No. 6S 64G, Aon SE 64G, etc.) on the Internet, which is a trading site of the Internet, at an insular place, and made a false statement to the victim DC who reported and contacted the above notice, stating that “I will send 5 gal No. thal No. thal No. 5 on the face of a gal No. thal No. 70,000 won.”

However, in fact, the defendant thought the repayment of debt and gambling funds, and the defendant did not have the above mobile phone so that he did not have the intention or ability to sell it to the victim.

On August 31, 2017, the Defendant: (a) by deceiving the victim as above; (b) received KRW 170,000 from a new bank account (Account Number: DE) in the name of DD designated by the Defendant on August 31, 2017; and (c) received the total sum of KRW 926,50 from five victims from August 31, 2017 to September 7, 2017, and acquired the victims’ property by transfer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written appeal and written statement;

1. Application of Acts and subordinate statutes on the certificate of transfer verification;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 25(1)1, Article 31(1), (2), and (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation and Sentence of Provisional Execution;

1. Where he/she commits a crime against an unspecified or large number of unspecified victims, or repeatedly commits a crime for a considerable period, in the aggravated area (one year to two years) of Class 1 (less than KRW 100,00) in general fraud (one year to two years);

2. On the online on which the sentence was rendered, in light of the fact that the crime was committed against many and unspecified persons continuously and that the nature of the crime is not good, that the damage was not recovered, and that there were many criminal records of the same kind.