A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

1. On October 3, 2016, the Defendant posted a letter stating that he sells 7 smartphones on the Internet site, on a national bulletin board, and reported this fact to the victim C who contacted the Defendant “474,000 won remittances KRW 474,00,000.”

The phrase “ makes a false statement.”

However, even if the fact is paid by the injured party, smartphones are sent.

there was no intention or ability to act.

The defendant was transferred 474,00 won to the Saemaul Treasury account in the name of the defendant on the same day from the victim.

2. On October 7, 2016, the Defendant posted a letter stating that he sells 7 smartphones on the Internet site, on the national bulletin board, and then reported it to the victim D who contacted the Defendant “474,000 won remittances KRW 474,00.0, smartphones will be handed over to the victim D.

The phrase “ makes a false statement.”

However, even if the fact is paid by the injured party, smartphones are sent.

there was no intention or ability to act.

The defendant was transferred 474,00 won to the Saemaul Treasury account in the name of the defendant on the same day from the victim.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective laws and regulations of C and D

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The fact that the nature of the crime is not good in light of the applicable criminal law, the circumstances favorable to five times the criminal records of the same kind of crime: confessions and reflects, the payment of damages to the victims, and the fact that there is no record of crime exceeding the fine;