A defendant shall be punished by imprisonment for six 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

피고인은 2020. 2. 23.경 광주에 있는 불상의 모텔에서, B 카페 게시판에 “에어팟 프로를 판매한다.”라는 내용의 글을 게시하고, 이를 보고 연락한 피해자 C에게 “돈을 보내주면 에어팟 프로를 보내주겠다”라는 취지로 거짓말을 하였다.

However, the defendant did not have the goods to be delivered to the victim, and there was no intention or ability to deliver the goods to the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above, received KRW 260,000 from the victim’s account (Account Number: E) under the name of the Defendant as the price for the goods on the same day; and (b) received a total of KRW 6,30,000 from around that time to July 10, 2020, as shown in the separate crime list from around July 12, 202.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F, G, C, H, I, J, K, L, M, N,O, and P;

1. Each statement of transfer, each certificate of deposit, and application of statutes on the details of conversation;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice 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;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act and the number of victims are high, and the extent of damage is not much unfavorable to the defendant, the fact that the defendant is admitted to commit a crime, the fact that the victims other than the victim H and I have partially repaid the amount of damage to the victims, the primary crime is the defendant's age, character and behavior, environment, motive or circumstance of the crime, motive or circumstance of the crime, method and method of the crime, contents and results of the crime, and all the other conditions of sentencing indicated in the records, including the circumstances after the crime, etc.