A Imprisonment with prison labor for three years and fines for KRW 300,00,000, Defendant B shall be punished by imprisonment for ten months and Defendant C, respectively.

[2019 Highest 492]

1. 피고인 A의 사기 피고인 A은 2018. 11. 12.경 인터넷 사이트 ‘G’에 “미개봉 에어팟 판매합니다.”라는 취지의 글을 게시한 다음, 위 글을 보고 연락한 피해자 H으로부터 “120,000원을 송금해주면 에어팟을 배송해 주겠다.”고 거짓말을 하였다.

그러나 사실 피고인 A은 그 당시 에어팟을 가지고 있지 아니하여 피해자로부터 돈을 받더라도 에어팟을 판매할 능력이 없었고, 애초에 피해자로부터 물품대금 명목으로 돈을 받기만 할 목적이어서 피해자로부터 돈을 받더라도 에어팟을 배송해 줄 의사도 없었다.

Nevertheless, Defendant A, as seen above, received KRW 120,00 from the victim on November 12, 2018 to the I Bank Account (J) in the name of Defendant A at around 10:00, and received KRW 3,360,000 from the above date and time to October 10, 2019 by deceiving the victims by the above method 22 times in total, as described in the attached crime list from the above date and time to January 10, 2019.

[2019 Highest841]

2. Defendant A, along with K on August 11, 2018, had been in front of the “O” clothes operated by the victim N in Busan Dong L Lba-gu, Busan around 03:50 on August 11, 2018, Defendant A conspired with K to steals the victim’s possession, which is in use of the victim’s secret, after completing his/her business, and Defendant A, as the above K’s network reported, has destroyed the lock locking device using the down air, destroyed the locking device, and entered the door, and had 7 clothing 40,000 won worth the market value of the victim’s ownership at that place.

Accordingly, the defendant A stolen the victim's property together with K.

[2019 Highest842]

3. Defendant A’s special larceny at around August 5, 2018: (a) around 23:40 on August 5, 2018, Defendant A had been in front of the residence of the victim Qua in Busan Dong-gu P, and at least RTS 125cc. Kaba.