A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2014. 9. 29. 18:57경 서울 강남구 E, 402호에 있는 피고인의 집에서 피고인의 스마트폰을 이용하여 인터넷 사이트 네이버 중고나라 카페에 “아이팟 클래식 7세대를 판매한다.”는 글을 게시한 다음, 이를 보고 피고인에게 연락한 피해자 F에게 "200,000원을 입금하면 중고 아이팟 클래식 7세대를 보내주겠다.”고 거짓말을 하였다.

However, even if the defendant received money from the victim, he did not have the intention or ability to send the goods to the victim.

The Defendant, by deceiving the victim as above, received KRW 20,000,000 on the same day from the victim to the account (Account Number: G) in the name of the Defendant in the name of the money for the goods, and acquired it by defrauding it, and all of the entries in the crime list from the above date to October 31, 2014, including the contents in the crime list, acquired 4,780,000 as the total price for the goods on nine occasions.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement related H;

1. Each statement of D, I, F, C, J, K and L;

1. Application of a written confirmation of the results of each electronic financial transfer, the receipt of deposits without passbook, the results of transfer disposal, the certificate of transfer, the certificate of transfer transaction, the statement of account transaction by account, and the certificate of deposit

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration, such as the fact that the defendant had no criminal records of the same kind before the crime in this case and reflects his mistake, and the scale of damage);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Dismissal of Applications for Compensation Orders (the scope of liability for damages is not clear);