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

An application filed by an applicant for compensation shall be dismissed.

Punishment of the crime

On July 17, 2013, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Seoul Western District Court on July 25, 2013 and the judgment became final and conclusive on July 25, 2013.

1. On January 31, 2014, the Defendant made a false statement to the effect that the victim AR posted a notice stating that “to purchase a “AS contact book” on the Internet’s trading site of used goods”, and that “to send the ticket to the bank AT account first if you transfer money to the bank AT account.”

However, the defendant did not have the intention or ability to send the above diskettes.

The Defendant, by deceiving the victim, received 220,000 won from the victim on the same day and acquired it by fraud.

2. Around February 5, 2014, the Defendant made a false statement to the effect that the Victim AU posted the content of “AV diskettes cream” on the above Jinaro Paco, and that “I will send a 110,000 won ticket to the victim by communicating it to the victim.”

However, the defendant did not have the intention or ability to send the above diskettes.

The Defendant, by deceiving the victim as such, received 110,000 won from the victim on the same day and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. AR and AU written statements;

1. Previous convictions: Criminal records, the results of search by prisoners, the previous records of disposition and results of confirmation, and the application of a copy of the judgment made by Seoul Western District Court 2013dan120, 1418, 1477 (Consolidated) and statutes;

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

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;