[2014 Highest 5858]

1. Fraud;

A. On November 26, 2010, the Defendant posted a false statement on “pop-up of a net North Korea” on the bulletin board at the PC room of the 1st basement in Seo-gu Incheon, Seo-gu, Incheon, stating that “When transferring KRW 220,000 to the F name account, the Defendant would immediately send the net North Korea.”

However, even if the defendant did not have a net north and received money from the victim, he did not have the intention or ability to sell the net north to the victim.

As above, the Defendant, by deceiving the victim as above, received 220,000 won from the victim to the virtual account in the name of F, which was opened on the website of the same day.

B. On December 25, 2010, the Defendant posted a false statement on “pop-up of a net North Korea” on the bulletin board at a remote room where the trade name in the Incheon Si is unknown, by accessing the Internet NAV Rolar, and referring to the victim G who believed and contacted with the Defendant as a fact, “on the transfer of KRW 200,000 to H’s account, he will send the Northern Net immediately.”

However, even if the defendant did not have a net north and received money from the victim, he did not have the intention or ability to sell the net north to the victim.

As above, the Defendant, by deceiving the victim, received 200,000 won from the victim to the new bank account under H on the same day, and fraudulently acquired it.

C. On December 31, 2010, the Defendant posted a notice on “I will sell a digital camera” on the bulletin board at a remote room where the trade name in the Incheon Si is unknown. On December 31, 2010, the Defendant falsely stated that I would send the digital camera immediately if I transfer KRW 180,000 to the J’s account.”

However, the defendant does not have a digital camera.