Defendant and D, without intent or ability to sell used goods, set up a false sign to sell a game machine, etc. on the Internet and used it for living expenses, etc. by receiving money from victims who have contacted with them, and D intended to play a role of preparing an account to be used for committing a crime, and the Defendant conspired to play a role of communicating victims after preparing a notice on the trading site of used goods.

The Defendant, in collusion with D on February 10, 2018, posted a notice to the effect that the Defendant sold “flass 4” by accessing R Kaf by “S” and selling “flass 4” to the victim who reported and contacted D at around 12:07,07, and then sent the goods to the victim AL who reported and contacted “270,000 won.”

“False speech” was made.

However, since the defendant and D did not have the above goods at the time, even if they received money from the injured party, they did not have the intention or ability to sell the goods.

The Defendant and D received 2,020,000 won in total eight times from the day to 15:03 of the same day, including the receipt of 2,70,000 won in the AM bank account (Account Number: AO) in the name of the same day from the victim, by deceiving the victim as such, for the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against C or D;

1. Statement made by the police against AM;

1. The authenticity, a written statement, a transfer receipt, a text dialogue, etc. of the actual AL;

1. The authenticity, written statement, inquiry about the results of transfer, details of text dialogue, etc. of the truth AP;

1. The authenticity, a written statement, a transfer receipt, a text dialogue, etc. of Jin Q;

1. The authenticity, a written statement, a transfer receipt, a text dialogue, etc. of the truth-finding AR;

1. The authenticity, statement, and transfer receipt of the truth-finding AS;

1. The authenticity, transfer receipts, the details of text dialogue, a written statement, etc. of the truth-finding AT;

1.The authenticity, a written statement, of the true AU;