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

The Defendant, on January 29, 2019, posted a false statement stating that “The transfer of money to a cell phone will be sent” to the victim C, who is a Myanmar nationality, who has reported and contacted the above writing, at a place where the name cannot be known, and connected to the Internet goods transaction display “B”, and then sold an Aphone XR 128G 1.”

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

The Defendant received KRW 100,00,000, around January 29, 2019 and KRW 350,000,000 from the victim as the price for the aforementioned mobile phone from the victim, and received KRW 450,00,00 from the victims to the Defendant’s DNA bank account at around January 30, 2019. From that time, the Defendant received KRW 1,031,50,000 in total from the victims by November 4, 2019, as indicated in the list of crimes.

Accordingly, the defendant was provided property by deceiving the victims.

Around 08:39 on November 13, 2019, the Defendant: (a) revoked the transaction on the ground that the Defendant’s bank account was used for the commission of fraud; (b) connected the Defendant’s face photograph, along with the victim’s face photograph, made it possible for many and unspecified persons to view the said writing by openly insulting the victim. (c) On November 13, 2019, the Defendant, at the Defendant’s house located in the Kim Sea E building and the Defendant’s house located in subparagraph (F), and on the ground that the Defendant’s bank account was used for the commission of fraud.

On December 3, 2019, the Defendant: (a) from around 13:00 on December 3, 2019 to around 13:40 on November 13:40 of the same month, the victim J’s house located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, opened the entrance door password, which the victim had known at the time of telephone conversations, and intrudes on the victim’s residence.

"200 Highest 591"

1. The defrauded against the Victim K is entitled to receive cultural products by accessing the Internet H around October 31, 2019.