Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. On January 19, 2013, the Defendant conspired with B, by using a computer connected to the Internet at the Busan-dong Busan-dong, Busan-dong-dong-dong-si, and posted a notice stating that “To sell the Nowon-do-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si,” and said that “to deliver the said goods to the victim C who reported and contacted the above writing.”

However, the defendant did not possess the above goods and did not have the intention or ability to sell them even if he receives the price from the victim.

The Defendant, by deceiving the victim as above, received 340,000 won from the national bank account (Account Number D) in the name of the Defendant on the same day from the victim and acquired it by deceiving the victim.

2. The Defendant, in collusion with B, posted a notice stating that “galthro S2 mobile phones are sold” on the same website at the date, time, place, etc. described in paragraph (1), and told the victim E who contacted with the above writing that “on the transfer of money, to deliver the said goods.”

However, the defendant did not possess the above goods and did not have the intention or ability to sell them even if he receives the price from the victim.

As above, the Defendant, by deceiving the victim, received 105,000 won from the victim to the above national bank account under the name of the Defendant on the same day, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each petition and statement of C and E prepared;

1. Application of details, results, and certificate of transfer by Acts and subordinate statutes;

1. Relevant Articles 347 (1) and 30 of the Criminal Act concerning the facts constituting an offense and the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;