[2014 Highest821]

1. When the Defendant sent out and required living expenses, the Defendant received money from those who wish to purchase public performance diskettes and goods on the Internet site by falsely writing that he sells public performance diskettes and goods, and received money from them.

On December 21, 2013, the Defendant: (a) registered in the PC room where the trade name in Seoul is unknown; (b) registered in the Internet site’s Blober’s Blober’s “Blober’s” (C); and (c) wanting to purchase the AT Convexet from the victim D; and (c) deposited KRW 20,000 out of the 99,000 in the Tloet’s 99,000, to the one bank account in the name of A, and then sold the Tweet.”

However, as the defendant did not have the above diskettes, he could not sell the above diskettes even if he received the money from the above victim.

As above, the Defendant received KRW 20,000 from the said victim to the said one bank account, including the transfer of KRW 20,000 from December 21, 2013 to February 3, 2014, by deceiving the said victim, and received KRW 1,809,50 in total from the said one bank account over 13 occasions, as shown in attached Table (1) of Crimes List of Crimes.

Accordingly, the defendant was provided property by deceiving the victims.

[2014 Highest 1101]

2. When the Defendant sent out and required living expenses, the Defendant received money from those who wish to purchase public performance diskettes and goods on the Internet site by falsely writing that he sells public performance diskettes and goods, and received money from them.

피고인은 2013. 1. 1.경 서울 양천구 목동에 있는 상호를 알 수 없는 PC방에서, 인터넷 사이트 ‘뽐뿌장터’에 “피자쿠폰을 판매한다”라는 내용의 글을 게시하여 이를 본 피해자 E로부터 쿠폰을 구매하고 싶다며 연락을 받자 “쿠폰대금 17,000원을 입금해 주면 쿠폰을 팔겠다”라고 하였다.

However, the defendant does not have the above coophone and receives money from the above victim.