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 this judgment becomes final and conclusive.

Punishment of the crime

Around December 30, 2014, the Defendant posted a letter stating that “I will sell a galloned mobile phone with S5 Lgallon S5 at a place in the U.S. Seo-gu, Seoyang-gu, Seoyang-gu, Seoyang-si by using the Defendant’s mobile phone,” and “I will send a cell phone at home if I will make a prior payment to the Defendant’s agricultural bank account.” On December 31, 2014, the Defendant read as follows: “I will sell a galloned mobile phone with Lgallon S5 at Lgallon city; I will sell a galloned mobile phone.”

However, the defendant did not have the intention or ability to sell the above mobile phone to the victim.

Around December 31, 2014, the Defendant received KRW 3,50,000 from the victim to the said Agricultural Cooperative account under the name of the Defendant as the price for goods and received KRW 3,50,000 from the time to January 12, 2015, a total of KRW 1,180,000 from three persons, including the money transferred from the victim to the said Agricultural Cooperative account under the name of the Defendant, respectively, by the following method:

Accordingly, the defendant was informed of the victims to receive each property.

around 20:00 on December 29, 2014, the Defendant posted a false statement to the effect that “http://caf.naver.com/joint signature” would send the said mobile phone to the victim who reported and contacted 2.5 million won on the same day, by accessing the Internet NAVER’s bulletin board (htp://caf.naver.com/joint signature) at the Defendant’s home located in Namyang-si, Nam-si, 2014.”

However, since the defendant did not have the gallon 5 mobile phone at the time, even if he received the payment, he did not have the intention or ability to deliver the above mobile phone to the victim.

Around December 29, 2014, the Defendant received KRW 250,000 from the victim’s bank account in the name of the Defendant from the victim to the agricultural bank account in the name of the Defendant.

This is the defendant.