1. On August 15, 2015, the Defendant posted a notice on the Internet NAV online, which read “Sales of KRW 70,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.”

However, the defendant did not have an intention or ability to sell cultural merchandise coupons even if he received sales proceeds from the injured party because he did not possess cultural merchandise coupons.

The Defendant received KRW 60,00 from the injured party on the same day under the name of the Defendant’s Nonghyup Bank’s account (C).

Accordingly, the defendant was given property by deceiving the victim.

2. On December 20, 2015, the Defendant posted a notice on the Internet NAV online page stating that “10,000 won of local gift vouchers 10,000 shall be sold at the discounted price of 10%” on the Internet, NAV, and reported this to the victim D, who had contacted, deposited the sales proceeds, the Defendant carried out cultural gift certificates as if it were sold.

However, the defendant did not have an intention or ability to sell cultural merchandise coupons even if he received sales proceeds from the injured party because he did not possess cultural merchandise coupons.

The Defendant received KRW 100,00 from the injured party on the same day, under the name of sales proceeds, from the account in the name of the Defendant Nonghyup Bank.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement B and D;

1. Application of Acts and subordinate statutes on copies of receipts and transaction details;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

2. The Defendant’s reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, when committing the instant crime, is against his mistake.