Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

Even if the Defendant received money from the victim C, the Defendant did not have the intent or ability to sell cosmetics to the victim, and did not have the intent or ability to repay the borrowed money.

Nevertheless, on November 25, 2013, the Defendant: (a) reported the Internet cosmetic wholesale site to the Defendant; and (b) made a false e-mail to the victim C who contacted the Defendant; and (c) received KRW 3.5 million from the injured party on the same day.

On December 2, 2013, the Defendant continued to pay back money to the victim with no money.

On December 7, 2013, when a person was transferred one million won from the injured party on the same day, he/she made a false statement to the victim that “on the orders of a series of wrts cosmetics, he/she would be sealed” to the victim on December 7, 2013, and he/she received two million won from the injured party.

However, even if the defendant received money from the injured party as the down payment, he did not have the intention or ability to pay the borrowed money with the intention or ability to sell the cosmetics.

Accordingly, the Defendant, by deceiving the victim C as above, received a total of 6.5 million won from the damaged person under the pretext of down payment and borrowed money.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C, D, E, and F;

1. Details of remittance;

1. Application of Acts and subordinate statutes to the contents of sending and receiving e-mail sent and received by the victim;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel's assertion against the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act recognize that the defendant received 6.5 million won from the injured party under the name of contract deposit and borrowed money as stated in the facts constituting a crime. However, at the time, the defendant had the intent and ability to sell cosmetics, and ordered the injured party to do so.