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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 5, 2018, the Defendant made a false statement that “The Defendant would send a right of cultural products equivalent to KRW 5 million to the victim C by paying KRW 3.9 million to the victim’s cell phone at an irregular place.”

However, there was no cultural product right at the time and there was no intention or ability to send cultural product rights to the victims according to the promise.

The Defendant received KRW 3.9 million from the victim’s new bank account (F) in the name of the Defendant on the same day, and received the total amount of KRW 13,49,000 from around that day to November 19, 2018 by deceiving seven victims on seven occasions in the same way as in the attached list of crimes.

Accordingly, the defendant was given property by deceiving the victim.

On September 10, 2018, the Defendant made a false statement to the effect that “When transferring KRW 2.2 million to the victim G using a mobile phone at an insular place, the Defendant would send a cultural product right equivalent to KRW 3 million to the victim G.”

However, in fact, the Defendant did not have the right to cultural products at the time and the money remitted by the victim thought to be used for personal purposes, such as gambling, etc., so even if receiving money from the victim, the Defendant did not have the intent or ability to send the right to cultural products

As above, the Defendant, by deceiving the victim as above, received 1.5 million won from the victim to the new bank account (F) under the name of the Defendant as the price for goods on the same day, and 7.5 million won to the said account on September 14, 2018, respectively.

Accordingly, the defendant was given property by deceiving the victim.

"2019 Highest 263"

1. The Defendant committed the crime of November 17, 2018, at around November 17, 2018, committed with the victim I using a mobile phone in the Defendant’s residence located in the Dong-gu in Gyeonggi-si, Gyeonggi-do, and the victim I.