A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

『2020고단923』 피고인은 2020. 2. 중순경 부산 사상구 D아파트 E호 피고인의 집에서, 휴대폰을 사용하여 ‘F’ 게시판에 에어팟을 판매한다는 글을 올렸고, 위 글을 보고 연락해 온 피해자 G에게 ‘물품 대금을 송금하면 에어팟을 보내주겠다’고 답하였다.

그러나, 사실은 피고인은 판매할 에어팟을 가지고 있지 않아, 피해자로부터 물품 대금을 받더라도 에어팟을 보내 줄 의사나 능력이 없었다.

Around February 15, 2020, the Defendant received KRW 273,00 from the victim to the H account under the name of the Defendant and received KRW 2,883,00 in total from 16 times to 6 March 2020, as described in the attached list of crimes in the same manner.

Accordingly, the defendant deceivings the victims and received property from the victims.

On March 11, 2020, the Defendant stated that “Around March 11, 2020, the Defendant sent the Victim K with a false statement to sell “J”, which is a game money, at the bulletin board of “I” Internet game in “I”, “I will send the J 8.5 billion won if you send the KRW 76,000.”

However, the Defendant did not have the “J” and did not have any intent or ability to sell the “J” even if he received money from the victim.

Accordingly, the Defendant, as such, received 76,000 won from the victim’s H account (L) in the name of the Defendant at around 20:58 of the same day by deceiving the victim as such, and received 442,000 won from the victims by the same method three times as indicated in the list of crimes in the attached Table.

In the end, the defendant was provided property by deceiving the victims.

On March 11, 2020, the Defendant written a letter stating that he/she sold an online game money “J” on the I bulletin board, and reported and contacted the above letter.