A defendant shall be punished by imprisonment for six 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 April 15, 2013, the Defendant posted a notice to sell KRW 2,00,000 merchandise coupons to KRW 1,800,000, at the Defendant’s house located in Busan Young-gu 1001 Dong 1007, a mobile phone to “D,” which is an online trading site, using a mobile phone at the Defendant’s house located in Busan Young-do 101 Dong 1007, and then requested the victim E to deposit the money.

However, the defendant did not hold the above merchandise coupons, and there was no intention or ability to sell them by purchasing them.

The Defendant, by deceiving the victim as above, received KRW 1,80,000 as the sales proceeds of merchandise coupons from the post office account in the name of the Defendant at around 14:25 on the same day from the victim.

On July 18, 2013, the Defendant posted a notice to sell merchandise coupons at “D”, which is an Internet intermediate trading site, using a computer at the Defendant’s home located in Young-gu, Busan Metropolitan City, 101-dong 1007, and requested the victim E who reported and contacted the writing to “I would first deposit the purchase price of merchandise coupons, send merchandise coupons to the Defendant’s home.”

However, the defendant did not hold the above merchandise coupons, and there was no intention or ability to sell them by purchasing them.

The Defendant, as above, by deceiving the victim, received 455,000 won from the Busan Bank account in the name of F around 16:38 of the same day from the victim.

Summary of Evidence

"2013 Highest 5366"

1. Statement by the defendant in court;

1. E statements;

1. Remittance receipt or photograph of text messages "2013 Highest 6308";

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of the receipt statute

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. Article 62 (1) of the Criminal Act;

1. Social service order under the Criminal Act;