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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

On July 4, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for fraud at the Jeonju District Court on July 4, 2018, and the judgment was finalized on July 12, 2018. On February 11, 2019, the Daejeon District Court sentenced four months of imprisonment with prison labor for fraud, etc. and one year of suspended execution, and ten months of imprisonment with prison labor, respectively, and the judgment became final and conclusive on June 21, 2019.

On April 30, 2019, the defendant was sentenced to three months of imprisonment for fraud in the Daejeon District Court, and is currently pending in the appellate trial.

The defendant had attempted to acquire money by communicating (or posting) the goods posted on the Internet site to purchase money due to insufficient living expenses, and by falsely speaking that he will first send money as the price for the goods by communicating to the person (or posting) who has inserted an article to purchase the goods posted on the Internet site.

Around March 10, 2018, the Defendant posted a notice on the Internet C website “D” to the effect that the victim B sought a closing right of the B, “D” on the Internet C website, and falsely stated that the victim would send four copies of the E-mail right if the Plaintiff first deposited KRW 26,50,000 per page 1 of the Busland, and KRW 106,00,000, in total.

However, the Defendant did not have the right to termination of the Ireland and did not have any intent or ability to send the right to termination of the Ireland even if the Defendant received the money from the victim.

The Defendant received 106,000 won from the victim to the F account (G) in the name of the Defendant under the name of the victim for the last day of the Ireland on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. B written statements;

1. A petition, customer basic information, and specification of transactions;

1. Previous convictions in judgment: Criminal records, investigation reports (in the course of trial, report on confirmation of facts and results of confirmation of facts before disposition), copies of each judgment, output of case search screen, and application of the Acts and subordinate statutes of the Ministry of Information and Communication 1.