A defendant shall be punished by imprisonment for not more than ten 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

[2013 Highest 8465]

1. Around March 4, 2012, the Defendant against the victim C posted a letter to the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Gambro 32G sales on the Internet opening site, and around March 5, 2012, the Defendant told the victim C to report the above letter and to purchase it to the victim with the defect that C would purchase it.

However, even if the defendant received the above money from the victim, the defendant did not have the intention or ability to deliver the above failed 2 to the victim.

The Defendant, as such, by deceiving the victim, received KRW 350,00 from the victim’s bank account (D) in the name of the Defendant.

2. On February 3, 2012, the Defendant against the victim E posted a letter to the effect that he/she sells second class clothes on the Internet NAVER's website, and on the same day, the victim E expressed to the effect that he/she would report the above letter and purchase it to the defective victim E “to send second class clothes upon deposit of money.”

However, even if the defendant received the above money from the victim, he did not have the intention or ability to deliver the above clothing to the victim.

The Defendant, as such, by deceiving the victim, received KRW 50,00 from the victim’s bank account (D) in the name of the Defendant.

3. 피해자 F에 대한 사기 피고인은 2012. 2. 24.경 불상지에서 인터넷 네이버 중고나라 사이트에 MP3(아이팟 클래식 80G)를 판매한다는 취지의 글을 게시한 후, 2012. 2. 25.경 피해자 F이 위 글을 보고 이를 구매하겠다고 하자 피해자에게 “돈을 입금하면 MP3를 보내주겠다”라는 취지로 말하였다.

However, even if the above money was received from the victim, the defendant did not have the intention or ability to deliver the above MP3 to the victim.

The defendant deceivings the victim and is under his control.