A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On April 18, 2015, the Defendant visited the Internet site (C) by using a computer from 1001, Gyeongnam-gun B apartment 1001, and posted a notice on the “Handphone market” bulletin, stating that “gggggals No. 300,000 won ......... 3 million won .... SK.)” on the “Handphone market.” The Defendant reported the above notice and made a false statement to the victim E that the Defendant would sell the gallon No. 3,20,000 won mobile phone to the victim E.

However, the defendant did not have three gallon phoness at the time, and even if he received money from the victim, he did not have any intention or ability to sell the above mobile phone.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 300,000 from the victim to the Agricultural Cooperative Account in F on April 18, 2015, and received KRW 20,000 in total from the same account on April 19, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A written petition;

1. Application of Acts and subordinate statutes, such as a detailed account statement for electronic financial transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of recommendation types according to the sentencing criteria [the scope of recommendation types] general fraud types 1 (less than 100 million won) and the basic area (one to one year and six months) (the special person) of the sentencing criteria;

2. Determination of sentence: 6 months of imprisonment with prison labor and 2 years of suspended sentence, despite the fact that the defendant had been punished several times for the same crime, it is necessary to strictly punish the defendant.

However, in consideration of the fact that the amount of fraud is not large, there is no criminal conviction above the suspension of execution, the defendant seems to raise four children, etc., the same sentence as the order shall be sentenced.