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 this judgment becomes final and conclusive.

Punishment of the crime

[2013 Highest 3914]

1. On April 14, 2013, even if the Defendant received money, the Defendant: (a) did not intend or have the intent to sell the gas Hand case; (b) posted a purchase notice that the victim C purchased the gas Hand case on the Internet Nene D Caf; (c) made a false statement to the victim as if he sold the gas Hand case; and (d) received KRW 180,000 from the victim to the Defendant’s national bank account (E).

As above, the Defendant, as well as the defraudeded KRW 1.80,00 from the victim C to August 7, 2013, by receiving KRW 3,290,00 in total eight times through the method of not sending the goods despite receiving the money from the victims who read and contacted the above method or on the Internet site as shown in the attached Table [crime List] from around that time to August 7, 2013.

[2013 Highest 4425]

2. On June 15, 2013, the Defendant: (a) connected to the Internet NVVF car page, puts out a statement that the victim G would purchase a new job among the “Character garment”; (b) the Defendant did not possess the above new job; and (c) did not intend to sell it to the said victim; and (d) did not have any intent or ability to sell it, the Defendant made a false statement to the victim as if the said new job was sold.

The Defendant, by deceiving the above victim, received 980,000 won from the victim to the Defendant’s new bank account (H) on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement to I and J;

1. Each statement in preparation of C, K, L, M, N, andO;

1. A petition for preparing a P;

1. A written petition for the G production;

1. Application of the detailed statement of each entry and withdrawal, and the certificate of transfer;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Sentencing under Article 62(1) of the Criminal Act.