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

Punishment of the crime

[2013 Highest 537] On October 31, 2012, the Defendant sent the above mobile phone to P, who sent 6.40,000 won to P, who visited P, using a computer installed in Busan Dong-gu M, by accessing P, the Internet goods transaction site, and sold galthothno 10.1 mobile phones on the sales bulletin. On the same day, the Defendant sent the above mobile phone to P, who sent 6.40,000 won to P, a smartphone mobile service.

However, the defendant did not have any intention or ability to send a mobile phone even if he did not receive money from the victim because he did not have a mobile phone.

The Defendant received 640,000 won from the victim in the name of the sales proceeds of mobile phones from our bank account on the same day.

The Defendant, including that, from around that time to December 14, 2012, received a total of KRW 4,985,000 as the sales price of goods from the victims by the same method over 11 times, as shown in the separate crime list.

[2013 Highest 1442] On September 25, 2012, the Defendant posted a false statement stating that “The sales of gallonno and gallongno will be made” by accessing the Internet goods transaction site using a computer at an insular place, and then delivering a smartphone (gallon) to the victim R who reported and contacted such a notice, on September 25, 2012.

However, even if the defendant receives the price of goods from the victim, he did not have the intention or ability to deliver smartphones.

As such, the Defendant, by deceiving the victim as above, received 587,400 won from the victim living together with the Busan Bank account in the name of the Defendant for the purchase price, and as indicated in the annexed list of crimes from the above date to October 30, 2012.