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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[2015 Highest 1958] The Defendant, around July 7, 2015, connected to a smartphone display “block” bulletin board, selling Aphone 5S mobile phones.

“To send a 5S mobile phone on the face of the transfer of the price to the victim C who reported and contacted the content,” and “to send a 5S mobile phone on the face of the transfer of the price.

“.....”

However, since the defendant did not own the above goods, there was no intention or ability to sell them even if he received money from the injured party.

Around the 8th of the same month as above, Defendant 1 received KRW 200,000 from the Defendant’s agricultural bank account (D) around the same month as the sales proceeds of mobile phones from the damaged party, and received KRW 11,30,000 from the time to July 25, 2015 the total amount of KRW 1,130,000 from the time to July 25, 2015.

[2016 Highest 279] On June 29, 2015, the Defendant posted a letter stating that he would sell a 5-phone mobile phone on the Internet website at the insular site of the Gue-gun, Seoul Special Metropolitan City (Seoul Special Metropolitan City) (hereinafter “Se-gun”) and falsely sent a 5-phone phone to the victim E who reported and contacted the 200,000 won.

However, the defendant did not have the above mobile phone so that he did not have any intention or ability to sell even if he received money from the injured party.

The defendant deceivings the victim as above and acquired KRW 200,000 from the victim to the Agricultural Cooperative Account in F (Account Number: G) in the name of the victim as the sales proceeds of the mobile phone.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of C, H, I, J, K and E;

1. Details of financial transactions, inquiries into the results of the transfer, receipt for account transfer, account transfer details, and Canadian dialogue;

1. Application of the Acts and subordinate statutes to photographs and photographs of household appliances;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;