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

Punishment of the crime

[Criminal Power] On April 7, 2017, the Defendant was sentenced to imprisonment for one year and two years of suspended execution on April 15, 2017 by the Seoul Western District Court for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts, Etc.) and is still under suspended execution.

【Criminal Facts】

1. 피해자 AD에 대한 사기 피고인은 2018. 9. 12. 고양시 일산구에 있는 피고인의 ‘AE’ 사무실에서 휴대전화로 AF라는 어플리케이션에 접속하여 “에어팟을 판매한다”는 허위 글을 게시하여 이를 보고 연락한 피해자 AD에게 “돈을 먼저 송금하면 택배로 에어팟을 배송해 주겠다.”고 거짓말하였다.

그러나 사실 피고인은 에어팟이라는 물품을 가지고 있지 않았고 피해자로부터 돈만 가로챌 생각으로 허위 글을 게시한 것이므로 피해자로부터 돈을 받더라도 물품을 배송해 줄 의사나 능력이 없었다.

The Defendant, as such, by deceiving the victim, received 90,00 won from the victim via the AG account (AH) in the name of the Defendant.

2. The fraud accused against the victim AI was false to the victim AI in the same manner and at the same time and place as described in paragraph 1.

However, the defendant did not have the intent or ability to deliver goods even if he received the above money from the victim.

The Defendant, as such, by deceiving the victim, received 90,00 won from the victim via the AG account (AH) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each statement of AD and AI;

1. Each reply to a warrant of search, seizure and verification;

1. Each specification of transactions, text messages, each Internet search data, and written confirmation on the details of service use;

1. Each written petition;

1. Previous convictions in judgment: Criminal records, investigation reports (Evidence No. 22), application of statutes governing judgment;

1. The relevant Article of the Criminal Act and the selection of punishment for the crime shall be punished by imprisonment with prison labor under Article 347 (1) of the Criminal Act;