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

Punishment of the crime

The defendant had the record of being sent from November 24, 2009 to June 28, 201 to Suwon District Court five times as a crime of fraud.

"2012 Highest 419"

1. 피고인은 2011. 11. 12.경 서울 강북구 미아동에 있는 피씨방에서 컴퓨터를 이용하여 인터넷사이트 네이버 중고나라게시판에 접속하여 피해자 C이 게시한 ‘아이팟터치 4세대 삽니다.’라는 글을 보고 사실은 아이팟터치를 가지고 있지 않아서 이를 판매할 의사나 능력이 없음에도 불구하고 피해자에게 전화하여 물품을 판매하겠다고 거짓말하여 이에 속은 피해자로부터 물품 대금 명목으로 8만 원을 피고인의 사촌 D 명의의 농협계좌로 송금받아 이를 편취하였다.

"2012 Highest 435"

2. At around 17:50 on March 28, 2012, the Defendant: (a) committed a theft of the victims’ property worth KRW 10,095,000,00 in total market price during nine times in total, as indicated in the list of crimes in the annexed sheet, from December 28, 2011 to March 28, 2012, the Defendant: (b) opened a door bank operated by the Victim FF in Gyeonggi-gun Group E with the victim who was living together; and (c) opened an object, and the victim was displayed in the store between different locations; and (d) stored two gold bars in the main machine and stolen them; and (e) during the period from December 201 to March 28, 2012, the Defendant stolen the victims’ property worth KRW 10,095,000 in total market price.

"2012 Highest 459"

3. On October 24, 2011, the Defendant posted a notice stating that “Aphone 4 mobile phone is purchased” by accessing the Internet NAVV server to the HPC page located in Gyeonggi-si, and that “Aphone 4 mobile phone is purchased” by the victim I. Even though the Defendant did not have a Aphone 4 mobile phone, even if he did not have an intent or ability to send an object even if he received money from the victim, he/she contact the victim and sent 5.10,000 won to the victim.