Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. On October 15, 2012, the Defendant, at a place where the name is unknown on October 15, 2012, the Defendant made a false statement to the victim B, who reported and contacted the Defendant’s writing posted on the Internet website “S3 mobile phone sales” page, stating that “If 50,000 won is first deposited, the Defendant would deliver the mobile phone.”

However, at the time of fact, the defendant did not have the above mobile phone, so even if he received money from the victim, he did not have any intention or ability to send the above mobile phone.

The defendant received 50,000 won from the victim to the national bank account of the defendant on the same day as the mobile phone price.

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

2. On October 20, 2012, the Defendant, at a place where the name on October 20, 2012 cannot be known, made a false statement to the victim C, who reported and contacted the Defendant’s writing posted on the Internet site “Sgalthynae” page to sell a mobile phone, stating that the Defendant would deliver a mobile phone if deposit KRW 200,000 is made first.

However, at the time of fact, the defendant did not have the above mobile phone, so even if he received money from the victim, he did not have any intention or ability to send the above mobile phone.

The defendant received 200,000 won from the victim to the national bank account of the defendant on the same day as the mobile phone price.

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

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by police;

1. B written statements;

1. Financial transactions in the principal, a certificate of account transfer, and a certificate of transfer;

1. CCTV data reply;

1. Application of Acts and subordinate statutes on the screen by putting up a sign on the Internet;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.