Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. On November 12, 2015, the Defendant, against the victim B, posted a letter stating that “The Defendant would sell the two shares” on the Internet portal site “D” website of the Internet portal site at port-dong C and 1101, Dong 101, Dong 101, which is the Defendant’s residence, and said that “the Defendant would send the two shares upon deposit of KRW 300,000 to the victim who had contacted the Defendant.”

However, the defendant thought that he will receive money from a factual victim to use it as living expenses, etc., and even if he did not own the two shares, he did not have the intention or ability to send the two shares to the victim.

The Defendant received 300,000 won from the Defendant’s agricultural bank account in the name of the Defendant as the sales proceeds of the two shares on the same day.

2. On December 18, 2015, the Defendant, at the victim F, posted a letter stating that “The Defendant would sell the two shares” on the Internet portal site’s “China country” camera at the same place as indicated in paragraph (1) around December 18, 2015, and said, the Defendant said that “the Defendant would send the two shares to the victim who had contacted with the victim, if paid KRW 360,000.”

However, the defendant thought that he will receive money from a factual victim to use it as living expenses, etc., and even if he did not own the two shares, he did not have the intention or ability to send the two shares to the victim.

The Defendant received 360,000 won from the injured party under the name of the sales proceeds of the two weeks from the same account as described in paragraph (1) on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements concerning F and B;

1. Application of Acts and subordinate statutes to inquire about the results of transfer, certificates of transfer confirmation, and photographs of text messages;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.