A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Criminal facts

1. On December 11, 2016, the Defendant, against the victim B, posted a notice to the “sale of sprinking” bulletin board of the smartphone display “sprinking” at a place in which no knowledge is possible on or around December 11, 2016, and sent a sprinking box to the victim B who reported and contacted the notice.

The phrase “ makes a false statement.”

그러나 사실 피고인은 피해 자로부터 돈만 받아 가로챌 생각이었을 뿐 피해자에게 무스 너클 패딩을 판매할 의사나 능력이 없었다.

Defendant deceiving the victim as above and transferred KRW 50,000 to C’s corporate bank account (Serial number: D) from the victim.

2. On December 15, 2016, the Defendant against the victim E posted a notice to the victim E that “as to sell a sprinking ticket” on the “sprink ” bulletin board at a place where no knowledge is possible on or around December 15, 2016. The Defendant would send a sprinking ticket to the victim E who reported and contacted the notice.

The phrase “ makes a false statement.”

그러나 사실 피고인은 피해 자로부터 돈만 받아 가로챌 생각이었을 뿐 피해자에게 무스 너클 패딩을 판매할 의사나 능력이 없었다.

The defendant deceivings the victim as above and transferred 460,000 won to the above C-based corporate bank account from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E and B;

1. Application of detailed statements of deposit transactions and certificates of deposit transaction records to statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective 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. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is the circumstances favorable to the defendant, such as the fact that the defendant repents in depth and reflects the error.

On the other hand, the defendant has been punished for the same crime even before.