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

On December 22, 2015, the Defendant posted a false statement on the Defendant’s home located in Cheongju-si, U.S. E apartment 204 dong 1406, 2015, to the effect that “I sell A.V. 5S by accessing Internet N.V. F,” and that “I will send A.V. 5S if I first send the money, I will send I.S. 5 mobile phone.”

However, the defendant was thought to receive only the money by deceiving the victim, and even if he received money from the victim because he did not have an Aphone 5S, he did not have an intention or ability to send the victim with an Aphone 5S.

The Defendant, by deceiving the victim as such, received KRW 90,00 from the victim to the corporate bank account under the name of the Defendant on the same day.

In addition, between December 22, 2015 and May 5, 2016, the Defendant received a total of KRW 7,489,000 from 43 victims on a total of 43 occasions, as shown in the crime sight table.

Around March 31, 2016, the Defendant posted at the above Defendant’s home, a notice on the Internet Bana website, stating that “the sale of finites,” and false statement was made to the victim H, who contacted with the notice, stating that “the sale of finites, would be prohibited upon sending the finites.”

However, in fact, the Defendant did not have the sale prohibition at the time, and was thought to use the money for living expenses, etc. from the victim, so there was no intention or ability to sell the goods to the victim from the beginning.

Ultimately, the Defendant, by deceiving the victim as above, received 50,000 won from the victim to the new bank account in the name of I on the same day, as the price for goods. From around that time to October 10, 2016, the Defendant totaled four times from the victim four times in the same manner, such as the list of crimes, as shown in the list of crimes.