A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On August 24, 2016, the Defendant was sentenced to two years of suspension of execution in October, 2016 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Jeonju District Court’s Military Accounting Branch, and the judgment became final and conclusive on September 1, 2016, and is currently under suspension of execution.

On February 7, 2017, the Defendant: (a) connected the Defendant’s residence in the Gunsan-si, to the Internet “China-si”; (b) posted a false notice on the bulletin board to sell “D” contact diskettes; and (c) sent 200,000 won to the victim E who reported and contacted.

However, the defendant did not have the intention or ability to send the above diskettes.

The Defendant received a total of KRW 1,442,50,00 from the damaged party to the account in the name of the Defendant on the same day, from that time until March 7, 2017.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each statement of E, F, G, H, I, and J;

1. Each petition, a detailed statement of deposit transactions, each Kakao Stockholm conversation, a written confirmation of deposit transactions, a certification of deposit transactions, a inquiry of transaction details, and the application of statutes on transfer details of other accounts;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment] [the grounds for sentencing under Article 1(100 million won or less] Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] where punishment is not imposed or considerable damage has been restored [the person who has been specially mitigated] [the decision of sentence] where the defendant goes against his mistake, and there are circumstances favorable to the defendant, such as the fact that the amount of damage caused by the instant crime is not much high, and that there has been an agreement with the victims, but the defendant is under trial during the same kind of crime.