A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 22, 2017, the Defendant sent a false statement to the victim D who contacted with the phone call “E deposit of KRW 250,000 to a corporate bank account,” on the part of the victim D who sent a false statement to the effect that “Aphone 64 equipment 64 equipment is sold to KRW 250,000,000,” which reads that “E will send Aphones to the corporate bank account.”

However, even if the defendant receives money from the injured party, he did not have the intention or ability to send the victim with the phone.

As such, the Defendant, by deceiving the victim, received 250,000 won from the victim’s bank account in the name of E on the same day from the victim, and by deceiving the victims in the same manner three times from February 27, 2017, such as the statement in the list of crimes, and received a total of 580,000 won from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, F and G (including each accompanying document);

1. A written confirmation of the details of transactions of deposits and withdrawal, the details of responses to each warrant, and the details of each transfer;

1. Requests for provision of communications data, and requests for cooperation in investigations;

1. Data on reply to warrants;

1. Application of Acts and subordinate statutes to letters exchanged with a suspect;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where he/she commits a crime against an unspecified or large number of unspecified victims, or repeatedly commits a crime during a considerable period of time (aggravating factors) in the aggravated area (one year to two years and six months of imprisonment) of Class 1 (a period of less than 100 million won) in general fraud;

2. The decision-making defendant assumes another person's identity on the Internet, and sees the sale of a heavy and large cell phone to an unspecified number of unspecified victims through his/her account.