A defendant shall be punished by imprisonment for six months.

except that 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 703]

1. On September 6, 2012, the Defendant reported on the Internet website “C” bulletin board that he/she would put up a victim D and want to purchase a mobile phone, and made a false statement that “on deposit with the victim, he/she will send things.”

However, even if the victim receives the price, there was no intention or ability to sell the mobile phone.

The Defendant, by deceiving the victim as such, received 290,000 won from the victim as the price for goods on the same day.

2. On September 8, 2012, the Defendant posted a letter on the Internet site’s “morine” bulletin board, and reported it to the victim E who contacted with the intent to sell a game item, and made a false statement that the Defendant would sell the game item upon deposit.

However, even if the victim receives the price, there was no intention or ability to transfer the game item.

The Defendant, as such, by deceiving the victim, received KRW 100,000 from the victim as the price for an item on the same day.

3. On September 16, 2012, the Defendant posted an article on the Internet website “NVC” to the effect that he/she would sell an observer interview mobile phone, and reported it to the victim F, who contacted with the Defendant, and made a false statement to the effect that he/she would send the goods upon deposit.

However, even if the victim receives the price, there was no intention or ability to sell the mobile phone.

The Defendant, as such, by deceiving the victim, received KRW 90,00 from the victim as the price for goods on the same day.

[2013 Highest 1188] Even if the Defendant received a payment from a third person on July 10, 2012, even if he did not have the intent or ability to transfer an online game item, the Defendant makes a false statement to the victim G who became aware of in the course of performing an online game community, that “if he/she deposits the payment, he/she will sell the game item” and that belongs to it from the said victim.