A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal records] On January 15, 2016, the Defendant was sentenced to a three-year suspended sentence of imprisonment with prison labor for special robbery, etc. at the Busan District Court on January 23, 2016, and the said judgment became final and conclusive on January 23, 2016.

[Criminal facts] On October 12, 2015, the Defendant decided to sell Obaba to the victim B through an Internet goods transaction app, an Internet app, around Busan, around October 12, 2015.

However, even if the defendant received the price from the injured party, he did not have the intention or ability to sell the Oralba.

The Defendant, by deceiving the victim as such, received KRW 1,200,00 from the victim to the account in the name of the Defendant on the same day from the victim, and received KRW 9,90,000 from the victim to November 20, 2015 as stated in the list of crimes in attached Form 10 times, as well as from November 20, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Each statement of C, D, E, F, G, H, I, J, and K;

1. A statement of transaction (3) , a detailed statement of transaction (6, 13, 19, 31 on a net basis), a copy of a statement of transaction (26 on a net time), a screen (25 on a net time), a statement of transaction details (27 on a net time), a statement of transaction details (33) , a statement of transaction results (37 on a net time), a statement of transaction details (43 on a net time) , a statement of transaction details;

1. Records of the judgment: (A) a response to inquiries, such as criminal history, reporting on the results of previous convictions of the disposition, and the application of the Act and subordinate statutes on Reporting Criminal Investigations (verification of Final Confirmation of Judgment);

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

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 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 of the suspended sentence [the scope of recommendation] of Article 62(1) of the Criminal Act is the case where the aggravated area (1 to 2 years and 6 months) (1 to 100 million won) of the aggravated area (1 to 2 years) of Article 62(1) of the Criminal Act is either intended for unspecified or multiple victims, or committed repeatedly for a considerable period.