A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2013 Highest 7035] The defendant had no intention or ability to sell the goods, by deceiving the victims as if he sold the goods, and by deceiving them with money under the pretext of the price.

Defendant,

1. On July 14, 2013, a notice was posted on the Internet site “C” bulletin board, which is an Internet site, and the notice was falsely posted to the victim D who reported and contacted the fact that he/she sold the Ampid in KRW 400,000,000,000 from the victim to the new bank account (E) in the name of the Defendant’s name on the same day; and

2. On October 9, 2013, a notice was posted to sell a mobile phone on the “C” bulletin board at Franchison around 18:20 on October 9, 2013, and the false statement was made that the victim F who reported and contacted the sale of the mobile phone in KRW 1.30,000,000 is the victim’s new bank account (H) in the name of the goods price on the same day;

3. On October 10, 2013, the victim I, who reported and contacted the writing posted by the Defendant, as described in paragraph 2, at the French land around October 10, 2013, sold KRW 1,30,000,000 to the victim I, who received KRW 1,30,000 from the victim to the new bank account in the name of G (H) for the same day.

[2014Kadan324] On October 8, 2013, the Defendant posted an article on the Internet Neneber C’s website to sell a galloned S2 mobile phone at the gallon site, and made a false statement to the victim J who contacted with it to sell the said mobile phone at KRW 80,00.

However, since the defendant did not own the above mobile phone, there was no intention or ability to sell the above mobile phone even if he received the price of goods from the victim.

The Defendant, as above, deceiving the victim, received KRW 80,00 from the victim a new bank account (K) in the name of A on the same day.