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

Punishment of the crime

On October 18, 2017, the Defendant was sentenced to two years of imprisonment and four months of imprisonment for fraud in the Suwon District Court’s Ansan Branch, and the execution of the sentence was terminated by the Sungsung Vocational Training Correctional Institution on September 11, 2019.

On November 19, 2019, the Defendant reported that the Defendant sold a gallonno No. 9 smartphone posted on AD and made a false statement to send smartphones first to the victim AE who contacted with the Defendant.

However, even if the defendant receives money, he did not have the intention or ability to send smartphones to the victim.

As above, the Defendant, by deceiving the victim, acquired 150,000 won from the victim to the AH account in the name of AF on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement related to AF;

1. AE petition;

1. A remittance certificate or Kakao message;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;