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

[2018 Highest 851]

1. Fraud;

A. On November 4, 2017, the Defendant sent a notice to the effect that, even if the Defendant received money from the injured party, he/she did not intend or have the intent to sell the term “spaton 2,” and then sent money to the victim C (28 years old) who contacted, the Defendant sent the term “spaton 2” to the victim C (28 years old) who reported the fact.

The Defendant deceivings the victim as above and transferred KRW 27,00 as sales proceeds to the bank account (D) in the name of the Defendant from the victim.

B. On November 10, 2017, at a place where it is difficult to know, the Defendant sent a false statement to the effect that the Defendant would deliver the book to the victim F (hereinafter referred to as “FF”) who reported and contacted, despite the absence of intent or ability to sell the book even if the Defendant received money from the victim, and that the Defendant would deliver the book to the victim FF (hereinafter referred to as “FF”) who reported and contacted, despite having not been able to sell the book.”

The Defendant deceivings the victim as above and transferred KRW 40,000 as sales proceeds to the bank account (D) in the name of the Defendant from the victim.

(c)

On November 16, 2017, the Defendant sent a notice to the effect that, even if he/she received money from the injured party, he/she did not intend or have the ability to sell the document bags, he/she would deliver the document bags to the injured party G (23 tax) who reported the fact and sent the money to him/her.

The Defendant deceivings the victim as above and transferred KRW 35,00 as sales proceeds to the bank account (D) in the name of the Defendant from the victim.

2. The embezzlement of possessory items; and