Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

[2014 fixed-term 1486] Even if the defendant received the goods from the victims, he did not have the intent or ability to supply the goods to the victims.

1. On November 30, 2013, the Defendant posted a letter stating that “to sell smartphones” on the bulletin board of the said website by accessing the smartphone display room site at a place unclaimed on or around November 30, 2013, and that “the Defendant would send a cell phone to the victim C who reported the posting and made contact with the victim C by sending the cell phone to the Defendant’s bank account (D) in the name of the Defendant on the same day.”

2. On December 3, 2013, the Defendant posted a letter stating that he would sell a smartphone by accessing the Internet NAVVV website at a place and posting it on the said website, and that he would send a cell phone to the victim E, who reported the posting and made contact with him, at the victim E, who called “to send a cell phone with a face-to-face deposit of KRW 230,000 as the price for goods,” and that he received KRW 230,000 from the victim to the above national bank account in the name of the Defendant.

[2014 fixed-scale 1690] On October 2, 2013, the Defendant posted a letter at Geumcheon-gu Seoul, Geumcheon-gu, Seoul, stating that “The Defendant would sell a cell phone of 150,000 won to the company bank account in the name of the Defendant,” and that “the Defendant would send a cell phone of 1.50,000 won to the company account in the name of the Defendant on the same day to the victim G who reported and contacted the above notice.”

However, as the Defendant did not possess LG 2 mobile phones, even if he received the payment from the victim, he did not have the intention or ability to sell the mobile phone.

Accordingly, the defendant deceivings the victim and receives 150,000 won from the victim, as well as from around that time to December 3, 2013.