A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On May 10, 2012, the Defendant was sentenced by the Seoul Northern District Court to a maximum of ten months of imprisonment for fraud, etc. and a short of eight months on November 16, 2012, and completed the execution of the sentence in Seongdong-gu District Court on November 16, 2012.

around December 30, 2012, the Defendant: (a) connected the Internet site “number opening” using a mobile phone at DPCs located in the neighboring area in Jung-gu Seoul Metropolitan Government, Jung-gu; (b) posted a letter to the effect that “To sell middle and gallon No. 1 mobile phone at KRW 240,000,” and that “I will send a mobile phone if you send money.”

However, even if the defendant received money from the victim, he/she did not have the idea to use it as a living cost and did not have a cellular phone that he/she could use.

As above, the Defendant, by deceiving the victim as above, received 240,000 won from the victim to the new bank account (Account Number F) in the name of the Defendant, and acquired it from the victim, and then acquired 668,000 won in total on four occasions from the time until January 27, 2013, as shown in the attached List of Crimes (1).

The Defendant, around January 9, 2013, 2013, sent a letter to the victim G who reported the fact that “Around January 9, 2013, the Defendant would sell a smartphone to KRW 110,000,” and then sent a smartphone if he/she deposited KRW 100,000 to the victim G who reported it.

The phrase “the meaning was false.”

However, even if the defendant receives money from the victim, he/she did not have any intention or ability to send smartphones to the victim because he/she did not have any smartphone that the victim could use.

The defendant deceivings the victim as above, and thereby, KRW 100,00 shall be paid for the goods from the victim.