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

피고인은 2019. 1. 3.경 대구 달서구 B아파트, C호에 있는 피고인의 집에서 인터넷 D 카페에 “국내판!! 미개봉 정품 에어팟 판매”라는 내용의 글을 게시하고, 이를 보고 연락한 피해자 E에게 “150,000원을 입금하면 에어팟을 보내주겠다”라고 거짓말 하였다.

However, even if the defendant receives the price of goods from the victim, he did not have the intention or ability to send the goods.

The Defendant, by deceiving the victim as such, received KRW 150,00 from the victim’s bank account (G) in the name of the Defendant from the victim, and received KRW 150,00 from the victim, from March 17, 2019, the Defendant received total of KRW 14,626,50 from the victim 54 as stated in the attached list of crimes from March 17, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of H, I, J, K, K, M, M,O, P, Q, Q, S, U, V, W, X, Y, Y, Z, AB, AC, AD, AE, AF, AH, AI, AJ, AJ, AJ, AJ, AK, AK, AM, AM, AM, AP, AP, ATS, ATS, ATS, AS, AV, AW, AW, AX, AY, Az, B, B, B, B, B, B, BE, BG or B;

1. Application of Acts and subordinate statutes to each detailed statement of transactions, detailed statement of each account, written statement of transactions by each account, each written statement, each data of reply, each statement of remittance, each sales statement, BI statement of remittance, each receipt, each deposit certificate, receipt, each statement of payment confirmation, each statement of payment confirmation, BJ remittance confirmation, each statement of payment confirmation, each statement of transfer confirmation, each statement of payment confirmation, BK remittance confirmation, BK remittance results confirmation, details of transactions by entry and withdrawal, financial transaction statement, one's financial transaction statement, and each statement of transfer resolution;

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 crime of fraud of a law as stated in the reasoning of sentencing Article 62-2 of the Criminal Act with regard to probation and community service order is the order in the transaction of goods via the Internet.