[2016 Highest 2337]

1. On March 2016, 2016, the criminal defendant against the victim C purchased Korean cosmetics from the victim C at the Defendant’s residence located in the Seoul metropolitan building and 109 Dong 102, and falsely stated that the victim would purchase and send the cosmetics to those located in Vietnam, and the above victim would purchase and send the cosmetics requesting the purchase price of cosmetics to the account.

However, even if the defendant received money from the above victim, he thought that he will use it as living expenses and flight funds, and he did not have the intention or ability to purchase cosmetics and pay it to the above victim.

Nevertheless, as seen above, the Defendant received the above victim’s false statement from March 25, 2016 to April 7, 2016 as a sum of KRW 48,458,00 in the name of the purchase price of cosmetics as shown in the attached Form List of Crimes (1) from March 25, 2016, and acquired it by defrauded.

2. Around January 2016, the criminal defendant against the victim E stated that he/she would purchase Korean cosmetics from the victim E and send them to his/her husband in Vietnam, and that he/she would purchase and send the cosmetics that he/she would request the above victim to purchase and send them to the account of cosmetics, such as drinking cream, make, etc.”

However, even if the defendant received money from the above victim, he thought that he will use it as living expenses and flight funds, and he did not have the intention or ability to purchase cosmetics and pay it to the above victim.

Nevertheless, the Defendant, as above, makes a false statement to the above victim from March 14, 201 to February 2 of the same month, received total of KRW 57,800,000 as the purchase price for cosmetics, as shown in the attached list of crimes from March 14, 2016.