1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

"2017 Highest 349"

1. The Defendant and C jointly committed the crime, along with C, posted a false letter on the website of goods transaction in the NAV car page with C, and send cellular phone, electronic equipment, etc. to the victims who reported and contacted with them.

On the other hand, there was a conspiracy to divide the price of the goods by receiving only the price of the goods.

On November 29, 2016, the Defendant received an account from the foregoing C to receive the payment of the goods from the account at the non-disscam room located in the Busan Dong-gu, Busan, and then posted the sales letter “Scam (Pop-up 5)” with the above C to the “Scambling Party” goods trading site, and falsely stated that “The Defendant would send smartphones if he first transfers money to the victim D.”

However, since the defendant did not have the above smartphone at the time, even if he received the price for the goods from the above victim, he did not have an intention or ability to send the smartphone as agreed.

In collusion with C, the Defendant received 240,000 won from the Defendant’s credit cooperative account used by the Defendant for the same day from the victim, as above, in collusion with C, from November 30, 2016, totaling KRW 1,230,000 by the same method from four victims, from the time to November 30, 2016, including the transfer of KRW 240,000 from the credit cooperative account used by the Defendant for smartphones on the same day.

2. The Defendant, C, and E, together with C and E, posted false sales letters on the website of goods transaction in the NVER car page, and send cellular phone, electronic equipment, etc. to the victims who reported and contacted them.

On the other hand, there was a conspiracy to divide the price of the goods by receiving only the price of the goods.

On December 6, 2016, the Defendant is from C and E at the same time as the trade name in Busan Dong-gu.