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

Punishment of the crime

1. On November 23, 2014, the Defendant, against the victim C, posted a letter stating that he/she sold the “opphone6” mobile phone onto the Internet NAVER, and sent 750,000 won for goods to the victim C who contacted with the Internet. As such, the Defendant sent the said goods to the victim C.

However, even if the defendant receives the price for the goods from the victim, he did not have the intention or ability to send the goods.

As such, the Defendant, by deceiving the victim, received 750,000 won from the account of community credit cooperatives (D) in the name of the Defendant on the same day.

2. Around December 21, 2014, the Defendant sent 460,000 won to the victim E by reporting the victim E’s “computer purchase,” which was posted by the victim E on the NA, and the Defendant sent 460,000 won to the victim, as if the Defendant sent the said goods.

However, even if the defendant receives the price for the goods from the victim, he did not have the intention or ability to send the goods.

As such, the Defendant, by deceiving the victim, was transferred KRW 160,000 to the account of community credit cooperatives (D) in the name of the Defendant on the same day from the victim, and KRW 300,000 to the same account on the following day.

Summary of Evidence

1. Defendant's legal statement;

1. Written appeals, written statements, and written statements of C and E;

1. Investigation report (No. 3 of the evidence list);

1. Application of the content of a reply statute;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes. Article 347 (Selection of Imprisonment or Imprisonment);

1. Among concurrent crimes, consideration of various conditions for sentencing, such as the fact that the amount of damage caused by recidivism is relatively insignificant during the period of a suspended sentence of the same kind of reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, reflectivity, motive and circumstance leading to the crime, and the age and working environment