The punishment of the accused shall be eight months by imprisonment.

Punishment of the crime

1. The Defendant, at around 14:30 on August 26, 2018, received a message from the victim B to wish to purchase a mobile phone, and made a false statement to the victim that “if a person makes a prior payment of KRW 460,00,00,000, he/she will sell 864GB.”

However, even after receiving a mobile phone payment from the victim, the defendant did not intend to sell the mobile phone to the victim.

The Defendant, by deceiving the victim as such, received 460,000 won on the same day from the victim to the C(D) account in the name of the Defendant.

2. On September 12, 2018, the Defendant made a false statement that “If deposited KRW 4.90,000,000, Samsung S9 mobile phone will be sold.”

However, the defendant did not intend to sell the mobile phone to the victim even after receiving the mobile phone payment from the victim.

As such, the Defendant, by deceiving the victim, received 490,000 won from the victim to the C account in the name of the Defendant, thereby deceiving the victim.

3. 2019고단2250 피고인은 휴대전화 판매 대리점과 위탁판매계약을 체결하고 휴대전화 위탁판매를 하던 사람으로, 2018. 9. 18.경 서울 구로구 F건물, G호에 있는 피고인의 집에서, 피고인의 고객들에게 ‘추석전스팟! S9 30 S9 36 노트8 36 노트9 61 아폰8 48 아폰X 92 현완특가 이번호로문자’라는 내용의 단체 문자메시지를 발송하였다.

On September 28, 2018, the Defendant made a false statement to the victim H who contacted the Defendant with the introduction of the customer who received the Defendant’s group text messages by the Defendant’s organization, as I, that “on the transfer of KRW 460,00,00,000, the Defendant will deliver the cell phone.”

However, even if the defendant received money from the victim, he thought that he will use it as the living expenses of the defendant, and remitted money to the mobile phone sales agency to deliver the mobile phone to the victim.