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

[2019 Highest 515]

1. On August 1, 2019, the Defendant of smartphone fraud referred to as “when transferring money to the victim D through Kakaoooox, etc., the Defendant would sell gallon S10 smartphones.”

However, in fact, the defendant did not have smartphones and was thought to use the remitted money from the victim for the cost of living, so the victim did not have any intention or ability to sell smartphones.

The Defendant, by deceiving the victim as above, received 480,000 won as sales proceeds from the E bank account (F) in the name of the Defendant around that time from the victim.

2. On August 3, 2019, the Defendant said that “The Defendant would sell the game money if he remitted money to the victim G through H game hosting, etc.” at an unsound place.

However, in fact, the defendant did not have sufficient game money and thought that he would use the money remitted from the victim for the cost of living, so he did not have the intent or ability to sell the game money to the victim.

As above, the Defendant, by deceiving the victim as above, received 200,000 won as sales proceeds from the E bank account (F) in the name of the Defendant from the victim around that time, and received 2,621,100 won in total from the victims through the same 36 times from August 25, 2019, respectively, as shown in the crime sight table from that time to August 25, 2019.

[2019 Highest 5273] On August 10, 2019, the Defendant told the victim I to sell the game money if he remitted money to the victim I through H game hosting, etc.

However, in fact, the defendant did not have sufficient game money and thought that he would use money remitted from the victim for the purpose of paying personal debts, etc., so he did not have the intent or ability to sell the game money to the victim.

The Defendant is as above.