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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.
Reasons
Punishment of the crime
[2014 Highest 6218] The Defendant, from February 2, 2010 to June 201, operated a cosmetics store in the trade name of “D” as “D” under Article 102 of the Seo-gu Incheon Seo-gu Incheon Metropolitan City Buildings C from February 2, 201, published an advertisement of the sale of cosmetics on the Internet, and received money from the reported and contacted persons.
1. On April 20, 2011, the Defendant, at the foregoing store around April 20, 201, posted an advertisement stating that “to sell cosmetics as wholesale,” on the Internet Kafa (htp://caf.um.ne/cos.; hereinafter “Internet Kafa”) following the Internet by using a computer, and made a false statement to the effect that “the Defendant will deliver cosmetics if he/she first transfers cosmetics proceeds.”
However, in fact, the Defendant was suffering from serious financial difficulties due to the operation of the above cosmetics, and the financial institutions, such as the Agricultural Cooperatives and the Incheon Credit Guarantee Foundation, were liable for loans of at least KRW 50 million, and it was difficult to raise personal living expenses. Therefore, even if the Defendant received the payment of cosmetics from the victims, he did not have the intent or ability to supply cosmetics for the victims.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 8,098,560 from the victim to the foreign exchange bank account in the name of the Defendant on April 23, 201, KRW 2,60,500 around April 26, 201, KRW 2,00,500 around April 26, 201, and KRW 3,49,060 around May 17, 201.
2. On May 25, 2011, the Defendant committed fraud: (a) around May 25, 201, the Defendant reported the victim F’s notice that “to purchase cosmetics by accessing the above Internet car page”; (b) contacted the victim, and (c) issued a written confirmation if the Defendant first pays KRW 1850,000,000, which is 50% of the contract deposit; and (c) additionally transfers the remainder of KRW 1850,000 to the Defendant immediately.”