Defendants shall be exempted from each punishment.

Punishment of the crime

[criminal record] Defendant B was sentenced to one year and two months of imprisonment for fraud, etc. at the Daejeon District Court on November 23, 2017, and the said judgment became final and conclusive on December 1, 2017. Defendant A was sentenced to five months of imprisonment for fraud in the same court on November 23, 2017 and the said judgment became final and conclusive on December 1, 2017.

[2] Although the Defendants did not think of the sale of goods, the Defendants put up a notice stating that they would sell goods on the Internet NAV’s website, etc., and did so by receiving money from the victims to use goods as living expenses, entertainment expenses, etc.

The Defendants conspired on April 8, 2017, posted a notice to sell “Aphone 6 portable phone” on the website of the Internet NAVB online from No. 324 of Ansan-si, 2017, and then send money to the victim F who reported and contacted, the Defendants would deliver the said article to their home delivery.

A false statement was made.

However, the Defendants did not have any intent or ability to deliver the above goods to the victims even if they did not possess the above goods and receive money from the victims.

The Defendants received 270,000 won from the victim’s bank account (Account Number: G) in the name of Defendant A for the same day as the price for the goods on the same day and received 770,000 won in total from the victims over three times from that time to the 13th day of the same month, such as the list of crimes in attached Form A.

As a result, the Defendants conspired to induce victims to receive goods.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of H, F, and I;

1. A detailed statement of each transaction;

1. Previous convictions: To inquire into summary information of each case and apply Acts and subordinate statutes of the Daejeon District Court judgment;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment for the crime;

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that Article 39.