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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.
Reasons
Punishment of the crime
[2013Kadan4437] On February 2, 2013, the Defendant posted a notice to sell mobile phones (opon 4S) on the Internet website’s bulletin board, using a computer at the PC room located in the Busan BY-gu.
However, the defendant did not have the above mobile phone at the time and did not have the intention or ability to sell it.
1. On February 10, 2013, the Defendant sent a cell phone to C with the victim who reported the above writing and expressed his/her intent to purchase.
“Along on 16:51 on the same day from the victim’s deceptioning the victim to the effect that it was transferred KRW 3,50,000 to the Suhyup account (D) in the name of the Defendant. Around February 12, 2013, the Defendant deceptioned the victim E to the effect that “the transfer of KRW 3,330,000 to the victim E who reported the above writing and expressed his intention to purchase” and received KRW 330,00 from the victim, around 11:05 on the same day.
[2013 Highest 4465] On February 16, 2013, the Defendant posted a false statement that “I will sell S3 LTE in the gallon of the Internet,” and reported this to the victim F, “I will receive 200,000 won prior to the confirmation of the goods, and send 100,000 won subsequent to the confirmation of the goods.”
However, even if the defendant received money from the victim, he did not have the intention or ability to send the mobile phone.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 200,000 from the time when he was transferred to a new bank account under the husband G in the same day from the victim’s husband G on the same day, and received KRW 1,020,000 in total from March 6, 2013 in the same manner as in the list of crimes in attached Table three times, as shown in the list of crimes.
[2013 Highest 4928]
1. On January 12, 2013, the Defendant was guilty of fraud on or around January 12, 2013, NAV, which is an Internet used goods transaction site, at the pcs room located in Daejeon.