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

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

Punishment of the crime

"2017 Highest 7920"

1. On August 17, 2017, the Defendant sells opphone 6S on the bulletin board of the Internet NAVER C and 502 “S” at the Defendant’s studio in Osan-si and 502.

“I will send an article to the victim D who reported and contacted the above article after posting it.”

“Falsely false.”

However, the defendant did not have 6S, and even if he received the price for the goods from the injured party, he did not have any intention or ability to send 6S.

However, the defendant deceivings the victim as above and received 100,000 won from the victim to the new bank account (E) in the name of the defendant, and acquired it from the victim, from October 27, 2017, through the same eight times in total, as shown in attached Table 1, from October 27, 2017.

"2017 Highest 8274"

2. On October 31, 2017, the Defendant sold 6S opphones on the Internet NAV in the Internet’s residence and on the bulletin board of the country.

“If you transfer money, you will sell 6S opphones to the victim F who reported and contacted this article.”

“Falsely false.”

However, due to the fact that the defendant did not have 6S, there was no intention or ability to send goods even if he receives money from the injured party.

The Defendant, by deceiving the victim as such, received 280,000 won from the victim to the new bank account as described in paragraph (1) in the same day as the price for the goods on the same day.

3. On November 12, 2017, the Defendant: (a) by deceiving the victim G in the manner as referred to in paragraph (2) in the said Defendant’s residence; and (b) transferred KRW 270,000 to the said account in the name of the victim’s 6S price from the same day.

4. On November 26, 2017, the Defendant, by deceiving the victim H in the same manner as that of paragraph 2, at the residence of the above Defendant around November 26, 2017, and is accordingly on the same day as the damaged person.