A defendant shall be punished by imprisonment for one year.

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, on September 9, 2019, posted an advertisement to sell IW 5.20d vehicles for KRW 43 million on the vehicle-related website called GH on September 9, 2019, but the said vehicle was not owned by the Defendant, and thus was not in a state of intent or ability to sell the vehicle normally.

Nevertheless, on September 9, 2019, the Defendant: (a) told the victim K who reported and contacted the sales advertisement at the front of the Michuhol-gu Incheon J Elementary School to sell the said vehicle at KRW 41 million; and (b) fraudulently acquired the said vehicle from the victim who believed to be such fact through the Internet bank account (M) in the name of the Defendant in the name of the Defendant.

Around February 8, 2020, the Defendant posted a letter that “The 100 million Game money will be sold” in the online game PP PP PP, and the Defendant made a false statement to the victim R who reported and contacted the above letter that “on the transfer of money, you will send the game money.”

However, the defendant did not have the game money that he could sell, and there was no intention or ability to sell the game money even if he received the sales proceeds from the victim because he thought that he will use the money as the sales proceeds to pay his personal debt.

Nevertheless, the Defendant, by deceiving the victim as above, received 87,000 won from the victim to the L bank account (S) in the name of the Defendant for sales proceeds of the above game money on the same day.

around February 8, 2020, the Defendant up to 2020 Man-Ma3934, posted a letter that “as to sell the game money 200 million won” in the online game PP PP P PP (TP) and sent money to U.S. who reported and contacted the above letter.