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 of the final judgment.

Criminal facts

[2014 Highest 1625]

1. Around July 8, 2014, the Defendant, against the victim C, posted a letter “E” located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, on the Internet NAV, stating that the Defendant will deliver the above AV seal to the victim who reported and contacted the above letter “as if he/she remitted KRW 40,000 to the victim with the money of KRW 40,00.”

However, the defendant did not possess the above goods at the time, and even if he received the price of goods, he did not have the intention or ability to deliver it.

Nevertheless, the Defendant, by deceiving the victim as above, received 40,000 won from the victim to the prior bank account (G) in the name of F, and acquired it by fraud.

2. On August 25, 2014, the Defendant posted a letter of “sale of galglue S4 smartphones” on the middle Gain-si, Seoul Special Metropolitan City by using smartphones in Seoul Special Metropolitan City, and said, the Defendant said that the victim, who reported and contacted the above writing, first remitted KRW 50,000 out of 10,000,000 to the victim, would deliver the said galglue S4 to galgallon.”

However, the defendant did not possess the above goods at the time, and even if he received the price of goods, he did not have the intention or ability to deliver it.

Nevertheless, the Defendant, by deceiving the victim as above, acquired 50,000 won as the price for goods from the victim to his/her own post account (K).

[2014 Highest 1665] On July 16, 2014, the Defendant posted a letter stating that “The Defendant shall sell S4 mobile phone devices at 30,000,000 won to the account in the name of Ma, if he/she transferred 120,000 won to the account in the name of Ma.”