A defendant shall be punished by imprisonment for one year.

Punishment of the crime

"2016 Highest 2474"

1. On November 25, 2015, the Defendant was a person who sells imported cosmetics under the trade name, “D” in the Seo-gu, Seoyang-gu, Busan, Goyang-si.

While the Defendant received an order for foreign cosmetics from domestic business operators and received the payment from foreign countries, and imported and supplied the goods from foreign countries, the Defendant used the payment to other places, and failed to supply the goods at the time to domestic business operators, thereby receiving demand for the supply of goods, refund of the payment, etc.

In particular, from October 2015, from domestic business operators E, they were urged to refund 0 million won.

On November 25, 2015, the Defendant concluded that the victim F, “If payment is made, the Defendant would supply the victim F, 1,000 DNA in the DNA office up to December 28, 2015, 1,00 DNA-based, 500 DNA-based, DNA-based, DNA-based, 125 m3, 125 m3, 125 m3, and 100 m3,00 m3 in the DNA-based, DNA-based, Lel Lelgra Fla, etc.”

However, even if the defendant received money from the injured party, he was planned to use the money for the refund cost to the above E, and there was no intention or ability to deliver the agreed things to the injured party.

As such, the Defendant, by deceiving the victim, received KRW 50,939,225 from the victim’s new bank account (Account Number G) in the name of D.

2. On March 1, 2016, the Defendant used a significant portion of the money that he/she received from the injured party, such as the foregoing “paragraph 1”, to return to E.

On February 26, 2016, the Defendant sent a phone call to the victim F at an irregular place, and falsely stated that “The imported product arrives at the airport, but fails to comply with customs clearance due to lack of necessary expenses for customs duties and other customs duties, etc., 8 million won will be repaid within one week, and then the following day will receive a customs clearance and send the product.”

However, the defendant is suffering from damage.