A defendant shall be punished by imprisonment for three years.

Punishment of the crime

[2017 Highest 29]

1. 피해자 C 상대 범행 피고인은 2016. 3. 6. 경 김해시 D 602호에서 스마트 폰 메신저인 위챗으로 피해자 C에게, ' 헤라 울트라 쿠션 70개 등 화장품을 납품해 주면 3일 뒤에 대금을 지급하겠다‘ 고 거짓말을 하였다.

However, the defendant did not have the intent or ability to pay debts within three days even if he was supplied with cosmetics from the injured party due to the failure to pay debts to others, E, F, G, etc. at the time.

Nevertheless, the Defendant, as such, by deceiving the victim, received from the injured party, a service of cosmetics, such as Heart coo, which amounting to the total market value of KRW 9,510,000,00 from the 8th day of the same month and around the 111th day of the same month, including the service of cosmetics equivalent to the total market value of KRW 2,082,750, a total of KRW 11,592,750, respectively, on three occasions, including service of cosmetics, around the 9th day of the same month by Kimhae-si, Incheon, and around the 11th day of the same month.

Accordingly, the defendant deceivings the victim, thereby acquiring economic benefits equivalent to the same amount.

2. 피해자 I, J, K 상대 범행 피고인은 2016. 4. 4. 경 제 1 항 기재 장소에서, 스마트 폰 메신저인 위챗으로 피해자 I에게, ‘ 돈을 입금하면 LG 화장품 워터 풀 등을 배송해 주겠다’ 고 거짓말을 하였다.

However, even if the defendant receives money from the victims, he/she was merely intended to use the defendant's repayment of his/her obligation to other creditors to "prohibit the return" and did not have the intent or ability to deliver cosmetics as agreed.

Nevertheless, the Defendant, as such, deceiving the victims and deceiving them, KRW 3,260,50 to the National Bank Account (L) in the name of the Defendant on the same day from the victims, and KRW 16,017 to the Non-Internet Account connected to ID M in the name of the Defendant around the May of the same month (Korean Won KRW 2,851,026).