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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Criminal facts

[2013 Highest 2239] On August 27, 2013, the Defendant connected to the Internet NAVV “E” car page at the D mobile phone located in Hasan-si, Hasan-si, and added a letter to sell one unit of Samsung Tgal ju, Samsung ju-si, and then remitted the amount of KRW 1.90,00 to the victim F who reported and contacted the above writing to the victim F., who sent the above amount of KRW 1.90,000.

‘False speech' was made.

However, since the defendant did not have the above mobile phone at the time and intended to use the above money as living expenses, etc., he did not have any intention or ability to sell the above mobile phone even if he received the money.

Nevertheless, the Defendant: (a) by deceiving the victim as above, received 190,000 won in the name of the post office account (Account Number G) in the name of the Defendant on the same day from the victim; and (b) received a total of 118,000 won by the same method over six occasions, as shown in the annexed crime list, from around that time to September 5, 2013.

[2013 Highest 2280] On September 6, 2013, the Defendant posted an article on sales of a mobile phone on the Internet Nene E site, and reported it to the victim H, who contacted with it, made a false statement to the effect that “210,000 won is remitted on the face of the week, one cell phone is sent.”

However, even if the defendant receives money, he is merely intended to use it as living expenses, etc. and did not have the intention or ability to send a mobile phone.

As such, the Defendant, by deceiving the victim, received 210,000 won from the victim to the post office account (G) in the name of the Defendant.

[2013 Highest 2536]

1. On August 11, 2013, the Defendant, on the victim I, posted a letter to sell a mobile phone at the DPC bank located in the following city: (a) around 11, 2013, on the Internet used goods transaction site; and (b) reported to and contacted the victim I, who sent KRW 1.90,000 to the victim I.

"Falsely false".