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

Punishment of the crime

On September 27, 2012, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Southern District Court on September 27, 2012 and completed the enforcement of the sentence at the Seoul Southern District Court on December 18, 2012.

In order to raise personal debt repayment, living expenses, etc., the defendant did not have the intent or ability to sell advertising materials, but posted an advertisement as if he sells used home appliances, etc. on the Internet, which is a website for trading used home appliances, and had the victim receive the price of goods.

On February 22, 2013, the Defendant posted an advertisement to sell S(S2) in the Defendant’s previous residence located in Gwangju-si, “S2,” and reported to the victim E, “10,000 won, if deposited, she will deliver S(S2) mobile phone apparatus to the victim E,” but the Defendant did not have an intention or ability to sell it to the victim because he did not have a medium and large gallon S(S2 mobile phone) mobile phone.” However, the Defendant did not have an intention or ability to sell it to the victim.

Nevertheless, the Defendant, as seen above, received 10,000,000 won from the victim to the national bank account under F as the sales proceeds of mobile phone sales on February 22, 2013, as well as by deceiving the victims on nine occasions from that method to April 16, 2013, and acquired the total amount of KRW 1,403,50 from the victims by transfer from the victims to the above account.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, G, and H;

1. Each statement in the preparation of I, J, K, L, M, N, and F;

1. Response to communications data;

1. Before judgment: References to criminal records, references to criminal records, reports on the results of confirmation of dispositions, and application of Acts and subordinate statutes to investigation reports (report on attachment of the same type of judgment);

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

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

1. The former part of Article 37 of the Criminal Code among concurrent crimes.