Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of eight months.

However, as to Defendant B, this shall not apply.

Punishment of the crime

[Criminal Justice] On October 18, 2013, Defendant A was sentenced to imprisonment of one year and six months with prison labor at the District Court for fraud, etc. on August 29, 2014, and the execution of the sentence was terminated in the original prison on August 29, 2014. On December 11, 2014, Defendant A was sentenced to six months of imprisonment with prison labor at the District Court for fraud, and the judgment became final and conclusive on December 19, 2014.

[2014 Highest 4838] Defendant A posted a letter stating that “On September 8, 2014, at the PC room located in Pyeongtaek-si, Pyeongyang-si, the Internet NAVVVER’s bulletin, sold S3 at 150,000 won,” and “on July 8, 2014, the transfer of money would have sold S3 smartphones as if it were sold.”

However, even if Defendant A receives money from the victim, he did not have the intention or ability to sell the said smartphone.

Defendant

A received 150,000 won from the victim E at around 13:48 on September 8, 2014 from the victim E, via the bank account (Account Number F) in the name of the defendant.

In addition, Defendant A received total amount of KRW 4,065,00 from each victims by posting false sales letters at least nine times as shown in attached Table 1, as shown in attached Table 1, from August 31, 2014 to September 25, 2014.

As a result, Defendant A was provided property by deceiving each victim.

[2014 Highest 4944] Defendant A, in collusion with G, sells 'Obaba in a place where the place is unknown on or around October 30, 2014, in a place where it is not known about the place on or around October 30, 2014.

After posting a letter to the purport, “Abs. to sell Obs. Oba” to the victim H who reported and contacted the above notice to the effect that “abs. to transfer money.”

However, the defendant A did not have the intention or ability to sell the money to the victim even if he received the money from the victim because he did not have any error at the time.

Nevertheless, Defendant A is the victim as above.