A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On March 15, 2013, the Defendant was sentenced to imprisonment for 8 months and a fine of 2 million won in the Busan District Court for fraud, etc. and completed the execution of the sentence on July 11, 2013.

[2014 Highest 4186]

1. On February 10, 2014, the Defendant sent a false statement to the victim F who contacted with the Internet site "DPC bank" located in Nam-gu, Busan, by accessing the Internet site NAV E, posted a notice to sell KRW 10,500,00 in the face value of KRW 8,500,000 on the above car page, and thereby selling the cultural product right equivalent to KRW 200,000 to KRW 170,00."

However, even if the defendant receives money from victims, he did not have the intention or ability to sell cultural products.

As such, the Defendant, by deceiving the victim, received KRW 170,00 from the victim to the new bank account in the name of the Defendant, and received KRW 2,966,30 from 58 to 19 March 2014, as shown in the crime sight table (1) as well as from October 3, 2013 to 58.

[2014 Highest 4392]

2. On January 25, 2014, the Defendant connected to “DPC E” on the Internet site located in Busan Southern-gu, Busan-gu, and posted on the said website bulletin board by the victim G, saying, “gallon S3G inserted in the said website.. 200,000 won “” and contacted the victim, and “on the face of sending KRW 180,00,000,000,000,000,000 won, the Defendant would send S 33G mobile phones to his domicile.”

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

The Defendant received 180,000 won from the victim to the corporate bank account in the name of the Defendant.

[2014 Highest 4828]

3. On August 8, 2013, the Defendant: (a) sold Ireland cultural products on the Internet website “E” bulletin in the mutual influence of the trade name in Msan-si.