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

[2019고단4639] 피고인은 2019. 4. 5.경 서울 관악구 봉천동에 있는 서울대입구역 인근 PC방에서 인터넷 B 사이트에 접속하여 그 곳 게시판에 에어팟 판매 글을 게시한 후, 이와 같은 글을 보고 연락한 피해자 C에게 “에어팟을 10만 원에 판매하겠다.”라고 거짓말을 하였다.

그러나 사실 피고인은 에어팟을 갖고 있지 아니하였고 달리 에어팟을 구할 방법이 없어 피해자로부터 대금을 지급받더라도 피해자에게 에어팟을 보내줄 의사나 능력이 없었다.

Around April 5, 2019, the Defendant, by deceiving the victims as above, received KRW 100,00 from the victims to the D bank account under the name of the Defendant, and by deceiving the victims 14 times in total in accordance with the foregoing method as shown in the List of Crimes (1), and transferred KRW 2,903,50 in total from the victims.

Accordingly, the defendant deceivings victims to take the property by deceiving them.

[2019 Highest 7765]

1. Around August 7, 2019, the Defendant: (a) visited the Internet B site at a place where it is unknown on August 7, 2019; (b) posted a notice to the effect that the Defendant sold the mobile phone X on the bulletin board; and (c) reported and contacted the said text to the victim E, who sold the Aphone X at KRW 550,00.

However, there was no intention or ability to send Aphone to the victim even if the defendant did not have Aphone X and no other way to seek it was paid by the victim.

The Defendant, as above, by deceiving the victim, received KRW 550,00 from the victim to the G account in the name of F around August 7, 2019.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. Around August 26, 2019, the Defendant had access to the website at a place where it is unknown on or around August 26, 2019 and on the bulletin board of the website.