A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

On July 6, 2017, the Defendant was sentenced to imprisonment with prison labor for one year for fraud, etc. at the port branch of the Daegu District Court on July 6, 2017, and the judgment became final and conclusive on July 14, 2017.

On March 18, 2017, the Defendant posted a false statement on the Defendant’s residence, Seo-gu Seo-gu, Seo-gu Blla, 202, on the Internet, that “To sell so-called Soviet mobile phones 7 when galloning S7” on the Internet, and that “to deliver mobile phones when remitting the price of goods” to the victim C who reported it.

However, since the defendant did not possess the goods sold, there was no intention or ability to send the goods even if he received money from the injured party.

The Defendant, by deceiving the victim, received 340,00 won from the victim to the NongHyup Bank account (E) in the name of D on the same day.

On March 29, 2017, the Defendant posted a letter to the effect that “as regards the Defendant’s residence, Seo-gu Seo-gu, Seo-gu Blla A, 202, the Defendant would have access to the Internet website and sell so-called So-called “S7 cell phoness at gallon gallon,” and then send money to the Victim F who reported and contacted, “on the first place of delivery of money.”

The phrase “ makes a false statement.”

However, the defendant did not have the intention or ability to sell the above mobile phone to the victim.

The defendant received 343,00 won from the damaged person to the single bank account in the name of G in the same day as the price for the goods.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and F;

1. Details of transfer and financial transaction;

1. Previous convictions in the judgment: Application of a reply to inquiry, a report of investigation (Attachment to the previous convictions in the same case and a written indictment during the trial);

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 latter part of Article 37 of the Criminal Code for the Treatment of Concurrent Crimes: