A defendant shall be punished by imprisonment for not less than two months.

Punishment of the crime

[2018 Highest 4521] The Defendant stated that “The Defendant would purchase and deliver electronic equipment at a half of the market prices” to the victim B who became aware of through a police officer on April 2018.

However, in fact, the Defendant did not have the intent or ability to purchase electronic equipment at a price more than half of the market price, and the money received from the victim was a plan to return money received from other victims in so-called “frighting”.

Nevertheless, on April 8, 2018, the defendant deceivings the victim as above, and acquired 6.68 million won as the purchase price for electronic equipment from the victim and acquired it by fraud.

[2018 Highest 4865] On February 21, 2018, the Defendant heard a lawsuit that the Defendant purchased home appliances at a container, and stated that “The Defendant would purchase nine home appliances at a half price” to the victim C who called the phone, “I will purchase the home appliances at a half price. I want to purchase the home appliances at KRW 16 million, and KRW 7,380,00.”

However, the Defendant had no intention or ability to purchase electronic equipment at a price lower than half of the market price, and had used the so-called “defensive” for personal use without purchasing any virtual product under the same name. Therefore, even if the Defendant received money from the victim, he was considered to have used it to pay the money to other victims.

Nevertheless, the Defendant, by deceiving the victim as above, received 7,380,000 won from the victim to a bank account under the name of the Defendant in the name of the victim as the purchase price for electronic equipment on the 22th of the same month.

Summary of Evidence

[2018 Highest 4521]

1. Defendant's legal statement;

1. The police statement concerning B;

1. Transfer certificate, etc. (2018 highest 4865);

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.