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

[2013 Highest 1232]

1. On January 20, 2013, the Defendant posted a notice to sell an online game machine on the website at the PC room where it is difficult to identify the trade name near the water source located in the Suwon-si, Suwon-si, Gyeonggi-do. However, the Defendant did not have any intent or ability to sell the game machine.

Nevertheless, the victim B, who reported and contacted the above notice, made a false statement that he/she would sell game money to the victim B, and caused the above victim to remit KRW 65,000 to the account in the name of one bank (D) used by the defendant.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

2. On January 22, 2013, the Defendant, by accessing the Internet game “Adones” site at the place specified in paragraph (1) around January 22, 2013, intended the victim E who carried on the said game to sell the game money by hosting the said game money. However, the Defendant did not have any intent or ability to sell the game money.

Nevertheless, the victim, who reported and contacted above hosting, made the victim sell game money, and caused the victim to remit 65,000 won to the single bank account as described in paragraph (1).

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

[2013 Highest 2522] Notwithstanding the lack of intent or ability to sell game money, the Defendant posted a notice around January 28, 2013 at around 14:27, stating that the Defendant sold the Internet game money by accessing the Internet game “Aionion” in the PC room near the Suwon-si, Suwon-si, Suwon-do, which is located in 1,000, and then makes a false notice to the victim F who reported it to the effect that “65,000 won is remitted to the victim F.” The Defendant received 65,000 won from the victim’s post office account (Account Number:G) under the name of the Defendant, from that time to February 4, 2013, the Defendant received 65,000 won from that time under the name of the Defendant, as shown in the separate sheet of crime in the same manner as the attached Table.