A defendant shall be punished by imprisonment with prison labor for four months.

except that 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

【2020 Highest 932】 On November 16, 2019, the Defendant posted a notice on the Internet site’s “B” in the PC room where it is difficult to know the trade name at the Government’s city, and then reported and contacted the notice to the victim C, “I would deliver the goods upon deposit of money.”

However, in fact, the defendant did not possess the above signals and did not have the intention or ability to deliver the price even if he received the price from the victim.

Nevertheless, around November 16, 2019, the Defendant, by deceiving the victim as above, received KRW 1.57 million from the victim through the Defendant’s car bank account as the price for goods.

【2020 Highest 1418】 Around November 16, 2019, the Defendant posted a notice on the Internet site’s “B,” and made a false statement to the victim D, who reported and contacted the notice, stating that “The Defendant will deliver the goods upon deposit of money.”

However, in fact, the defendant did not possess the above signals and did not have the intention or ability to deliver the price even if he received the price from the victim.

Nevertheless, around November 17, 2019, the Defendant, by deceiving the victim as above, was delivered KRW 2.80,000 as the price for goods through the Defendant’s car bank account from the victim.

Summary of Evidence

【2020 Highest932】

1. Defendant's legal statement;

1. A complaint and a report on the results of electronic financial transfer;

1. C’s written statement 【2020 Highest 1418】

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Details of account transfer; and

1. Application of Acts and subordinate statutes to a photograph by capturing a letter;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. The crime of Internet goods fraud committed by the defendant for the reason of sentencing under Article 62(1) of the Criminal Act is disturbing the order of electronic commerce.