A defendant shall be punished by imprisonment for not less than five 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

[2018 Godan81] On March 11, 2017, the Defendant expressed that he would send Nowon-gu to the victim C who had contacted by accessing the Internet “B” website, and that he would send money to the victim C.

However, the defendant did not have the right to know, so even if he received money from the victim, he did not have the intention or ability to sell the right to know.

The Defendant received 500,000,000 won from the E-bank account (F) in the name of the E-bank (F) in the name of the Defendant who was a female-friendly female of the Defendant on the day from the victim, and KRW 100,000 on March 12, 2017.

Accordingly, the defendant was given property by deceiving the victim.

[2018 Highest 1120] On March 16, 2017, the Defendant posted a letter to sell Not North Korea on the Internet G site, and reported the fact to the victim H who visited it, saying, “I will sell Not North Korea if you deposit KRW 250,000.”

However, since the Defendant did not have the right to know-how, the Defendant did not have the ability to send the right to know-how even if he received money from the victim.

On March 17, 2017, the Defendant received 250,000 won from the victim to the I Account (J) in the name of D around March 17, 2017.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

[Attachment 2018 Highest81]

1. Statement by the defendant in court;

1. Examination protocol of police suspect regarding D;

1. C’s statement;

1. A written petition;

1. A written confirmation on the use of each service (2018 Highest 1120);

1. Statement by the defendant in court;

1. Statement by the prosecution concerning D;

1. Examination protocol of police suspect regarding D;

1. A H statement;

1. A written petition;

1. Application of Acts and subordinate statutes to certify the use of services;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. Probation Order: Article 62-2 of the Criminal Act;