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A defendant shall be punished by imprisonment for four months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
In fact, the defendant did not own Obaba and did not intend or have ability to sell Obaba, but did so as to make a false statement as if he sold Obaba to the victims, thereby deceiving the victims of Obaba sales proceeds.
1. On May 16, 2013, the Defendant posted a notice on the PC bank located in Suwon-si C to sell Babane on the NAD website, and reported the false statement that he/she would sell Mabane to E who contacted the victim, thereby receiving KRW 790,000 from the victim to the new bank account (F) in the name of the Defendant.
2. On May 26, 2013, the Defendant received KRW 600,000 from the said new bank account by receiving KRW 600,000 from the said new bank account by means of false statement that the Defendant would sell the PC to the victim G in the same manner as described in paragraph 1.
3. Around July 2, 2013, the Defendant posted a notice on the Internet H site to sell otobane on the Internet H site, and falsely reported it to the victim I, who reported it, received KRW 840,000 from the victim to the said new bank account.
4. The criminal suspect, around July 10, 2013, concluded that he/she would sell Ortoba in the manner described in paragraph (3) from the above PC to the victimJ, and that he/she received KRW 400,000 from the victim to the above new bank account.
5. The criminal suspect, around July 12, 2013, concluded that he/she would sell Oba in the way described in paragraph 3 from the above PC to the victim K by means of the same manner as that of paragraph 3, he/she received 500,000 won from the victim to the above new bank account.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of E, G, I, J, and K Preparation;
1. Application of Acts and subordinate statutes to warrant of search and seizure inspection;
1. Article 347 (1) of the Criminal Act applicable to the crime;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.