A defendant shall be punished by imprisonment for four 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

The Defendant, at around 17:40 on July 19, 2018, up to 2018, posted a letter stating that he/she would make a proxy settlement on the Internet B website without any intention or ability to make a proxy settlement, and reported the false statement to the effect that “A person would make a proxy settlement if he/she deposits money,” and received KRW 74,720 from the victim’s bank account in the name of E on the same day.

The Defendant, on October 3, 2018, posted a letter to the effect that “to sell tobacco” on the Internet B website although he/she did not intend or have the ability to sell tobacco, and falsely read that “to send tobacco if he/she deposits money,” and then received KRW 108,000 from the victim F to the G bank account in the name of the Defendant on the same day.

On September 28, 2018, the Defendant posted a letter to sell tobacco on the Internet B car page at the French site, and made a false statement to the victim H, who reported and contacted the writing, stating that “I will send money.”

However, even if the defendant receives money, he did not have the intention or ability to send tobacco.

The Defendant received KRW 102,00 from the victim’s account in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

"2019 Highest 4653"

1. On May 8, 2019, the Defendant posted a tobacco sale on the Internet website in Seo-gu Incheon, Seo-gu, Incheon, to the effect that he/she would send money to the victim K that reported and contacted.

However, in fact, the defendant thought that he will receive money from the victim and did not have the intention or ability to sell tobacco to the victim.

As above, the defendant deceivings the victim and belongs to it.