1. The defendant shall be punished by imprisonment for four months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

1. On May 28, 2016, the Defendant, on the part of the victim B, posted a letter on the Internet opening site that sold a heavy cell phone, and then sent the price to the victim B who reported and contacted this letter to the victim B, he would sell the Samsung gallon 5 mobile phones.

A false statement was made.

However, the defendant did not have the above goods so that he did not have any intention or ability to sell the goods even if he receives the payment from the injured party.

The defendant deceivings the victim as above and transferred KRW 300,000 as the sales proceeds of mobile phones to C's national bank account (D) from the victim.

2. On May 31, 2016, the Defendant, on the part of the victim E, posted a letter stating that he sells a mobile phone on the same website as that set forth in paragraph (1) above, and then, on the part of the victim E who reported and contacted this letter, sent the price to the victim E, he would sell a mobile phone with 60 cellphones 62.

A false statement was made.

However, the defendant did not have the above goods so that he did not have any intention or ability to sell the goods even if he receives the payment from the injured party.

The defendant deceivings the victim as above and transferred 360,000 won as the sales proceeds of mobile phones to C's national bank account (D) from the victim.

Accordingly, the Defendant, as seen above, received a total of KRW 660,000 on two occasions by deceiving the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes of E and B;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. [Scope of Recommendation] No basic area (from June to one year and six months) (the person subject to special sentencing] (the decision of sentencing) of Article 62-2(1) of the same Act, and Article 59 of the Act on the Protection, Inspection, etc. of Social Service Order is considered a single type of crime.