1. The defendant shall be punished by imprisonment for two years and a fine of thirty million won; and

2. The defendant does not pay the above fine.

Punishment of the crime

[2013 Highest 3816]

1. On March 16, 2012, the Defendant made a false statement to the effect that “the Defendant would sell a galglue S mobile phone to KRW 90,000,” to the victim E who contacted with the Internet Megal lusium via Internet Messen, posted the Defendant on the Internet Rabane “Nea”, and sold the cell phone to KRW 90,000.

However, the defendant thought that only a mobile phone is remitted from the victim, and there was no intention or ability to supply a mobile phone with heavy importance to the victim.

The Defendant, by deceiving the victim as such, received KRW 40,00 from the Defendant’s agricultural bank account under the name of the Defendant for the same day in advance.

2. On March 16, 2012, the Defendant made a false statement to the effect that “the Defendant would sell a galglue mobile phone to 90,000 won” to the victim F who contacted with the Internet Megal lusium via the Internet Messenger, posted on the Internet Rabler’s “Nort”, and sold the cell phone.

However, the defendant thought that only a mobile phone is remitted from the victim, and there was no intention or ability to supply a mobile phone with heavy importance to the victim.

The Defendant, by deceiving the victim as such, received KRW 90,00 from the victim to the Agricultural Cooperative Account under the name of the Defendant for the same day as the mobile phone price.

3. On March 22, 2012, the Defendant made a false statement to the effect that “galgalgno S2 mobile phones will be sold at KRW 115,00,00,” to the victim G who contacted with the Defendant through text messages, on the Internet NAV, posted on the Internet NAV, and sold the cell phone at KRW 115,00.”

However, the defendant thought that only the mobile phone price should be transferred from the victim, and he will supply the victim with the main cell phone.