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 30, 2018, the Defendant reported that “AphoneX be purchased” posted by the victim B to the victim, and called “AphoneX be transmitted with the transfer of KRW 1,00,00,00 to the victim,” and called “AphoneX be transmitted with the transfer of KRW 64,00,00 to the victim.”

However, the defendant did not have any intention or ability to send goods even if he receives the price of goods from the victim because he did not possess the above goods.

As a result, the Defendant, by deceiving the victim as such, received KRW 1 million from the victim’s seat via the Agricultural Cooperative Account (Account Number: D) in the name of the Defendant.

Around December 14, 2018, the Defendant posted a false statement on the Internet E site that he/she sold a new world merchandise coupon in the vicinity of the Dongwon-dong of the Government, and reported it to the victim F, who contacted, “I would forward the money first. I will send the new world merchandise coupon.”

However, as the defendant does not have the above merchandise coupon, even if he receives money from the victim, he did not have the intention or ability to sell the merchandise coupon.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 249,00 on the same day from the victim, and KRW 78,000 on the 15th of the same month from the Agricultural Cooperative (D) under the name of the Defendant.

"200 Highest 683"

1. On October 22, 2019, the Defendant made a false statement to the effect that, on October 22, 2019, the Defendant purchased gift certificates worth KRW 780,000 from the Government-Si H located on the same day by taking a credit card under the victim’s name from the victim to the victim G on the first floor of the Government-ro 525, a peace-ro 525, in order to purchase the gift certificates.

However, even if the defendant purchases gift certificates by lending a credit card from the victim, he/she shall sell the gift certificates and use the proceeds for the cost of living.