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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal records] On June 18, 2018, the Defendant was sentenced to two years of suspension of the execution of imprisonment with labor for fraud, etc. at the Busan District Court on June 26, 2018, and the decision became final and conclusive on June 26, 2018. On August 20, 2018, the Defendant was sentenced to two years of suspension of the execution to four months of imprisonment with labor at the Busan District Court on the grounds of fraud, etc.,

"2018 Highest 3304"

1. The Defendant and C, without intent or ability to sell used goods, set up a false post to sell books, etc. on the Internet used goods transaction site, and reported it to use them for living expenses, etc., by receiving money from the victims who had contacted with them. C prepared a notice on the trading site of used goods and conspired to share the role of contact with victims after preparing a cellular phone and account to be used for committing the crime, and to withdraw the amount of damage.

A. On November 10, 2017, the crime C, on November 10, 2017, posted a letter on the bulletin board, stating that “the sale of books for young children” is to have access to FG Kafs in the Ecom room located in Busan Jung-gu, Busan, and then send the said book to the victim B who reported and contacted with it, if he transfers KRW 240,000 to the victim B.

The term "" refers to the following.

However, even if the defendant and C receive the price for the goods from the injured party, they thought that they were to be used for the expenses for accommodation or entertainment in the telecom, and send books to the injured party as agreed with the injured party.

there was no intention or ability to act.

As a result, Defendant and C deceiving the victim and obtained money from the victim to the I Bank Account (J) in the name of H in the name of the Defendant borrowed KRW 240,00 from the victim on the same day at around 09:29 on the same day.

B. On November 11, 2017, the crime C, on November 11, 2017, posted a letter on the bulletin board, stating that “as to access to FG car page from the EM room located in Busan Jung-gu, Busan, and sell books for young children,” and reported this.