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

[2014 Highest 582]

1. On March 15, 2011, the Defendant called the victim C by phoneing the victim C at an infinite city (hereinafter referred to as “Sacheon-si”) and falsely concluding that “The Defendant would make a contract for exchange with real estate owned by the victim in Bupyeong-do, Seocheon-gu, Seocheon-si D, and would make the victim enter into an exchange contract with a performance bond of KRW 8 million.”

However, since the defendant did not have the land subject to the exchange contract in the balance of Gyeonggi-do, there was no intention or ability to conclude the real estate exchange contract even if he received eight million won from the victim.

As above, the Defendant, by deceiving the victim, received total of KRW 7 million from the victim to the Agricultural Cooperative Account under the name of the Defendant, around March 16, 2011, to KRW 8 million, KRW 800,000 on the 18th of the same month, KRW 100,000 on the 26th of the same month, and KRW 100,000 on the 30th of the same month.

2. On December 7, 2013, the Defendant posted a notice on the Internet Road Down-dong car page, Scing Scagle to sell 120,000 won to the victim E who reported and contacted with it.

However, since the defendant did not have the above Salking, even if he received KRW 120,00 from the victim, he did not have the intention or ability to sell Salking.

As above, the Defendant deceptioned the victim, and received KRW 120,000 from the victim’s account in the name of the Defendant.

[2014 Highest813]

1. Around 13:00 on January 26, 2013, the Defendant posted a letter “pop-up wheel chairs of mountain bicycles” on the F car page, a website, and made a false statement that the Defendant would sell goods if he/she pays to the victim G who reported and contacted the above letter.

However, as the defendant did not possess the above goods, the victim did not have the intention or ability to sell the goods even if he pays the price.

Nevertheless, the defendant deceivings the victim as such, and thereby, 450,000 won from the victim to the post office account under the name of the defendant.