A defendant shall be punished by imprisonment for one year.

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

Criminal facts

[2014 Highest 2873]

1. On June 26, 2013, the Defendant: (a) reported on the “Niber’s Bara” bulletin board posted by the victim C on the “Niber” bulletin board in the Seoul Gwanak-gu Seoul Special Metropolitan City, and received KRW 150,000 from a false statement as if he/she had contacted the victim and sent the price to the victim first; and (b) received KRW 150,000 from a third party.

In fact, the defendant did not have a camera and purchased it, and there was no intention or ability to send it to the victim.

Accordingly, the Defendant, including the Defendant’s remittance of KRW 150,00 by deceiving the victim, obtained a total of KRW 5,706,500 from May 8, 2014 through a total of KRW 52 times.

2. In May 2013, the Defendant violated the Electronic Financial Transactions Act (hereinafter “Electronic Financial Transactions Act”) transferred e-mail cards and cash cards connected to the account (Account Number: D) in the name of the Defendant under the name of the Defendant in light of the long-distance street, along with the passbook.

[2014 Highest 4388]

1. 피고인은 2014. 4. 23.경 의왕시 소재 ‘EPC방’에서 네이버 ‘중고나라’ 카페 게시판에 피해자 F이 게시한 “미니멜리사 블랙캣 7C 신발을 구매한다.”라는 취지의 글을 보고 피해자에게 연락하여 대금을 보내주면 위 물건을 보내줄 것처럼 거짓말하였다.

However, the defendant did not possess the above objects and purchased them and did not have the intention or ability to send them to the victim.

Accordingly, the Defendant, by deceiving the victim, received 43,000 won from the victim to the national bank account in the name of the Defendant.

2. On May 19, 2014, the Defendant: (a) reported on the part of the victim G on the Round bulletin board at the place indicated in the foregoing paragraph (1) and sent the price to the victim, thereby making a false statement as if the Defendant sent the said thing to the victim.

However, it is true.