A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

However, as to Defendant B, this shall not apply.

[2013dan59] While the Defendants opened and operated an Internet electronic commerce site "E", the sales amount was insufficient, the Defendants solicited customers by advertising that they would sell at a discount the gas stations, department stores, large-scale retail stores, and cultural product rights distributed in the city, received advance payments from customers who want to purchase, and they had the gift certificates paid in advance. Defendant A had the intent to use the gift certificates price for the company's operating funds and personal debt repayment by later sending them. Defendant A served as the actual general manager of the said site, Defendant B from May 17, 2012 to July 5, 2012, and was recruited to take charge of the practical operation of the said site in accordance with the orders of Defendant A from May 17, 2012 to July 5, 2012.

On June 1, 2012, the Defendants ordered Defendant A to publish on the above website an advertisement letter stating that “When the Defendants sold the above merchandise coupon at a price at a discount of 20% to 30% or more than the market price, and advance payment of the merchandise coupon, they will deliver the merchandise coupon in installments on the designated date.” Defendant B posted an advertisement letter to the above purport on the above website according to Defendant A’s order.

Accordingly, around June 7, 2012, the victim F sent 945,000 won to the account of Defendant B’s bank in order to have access to the above site and report the above false advertising writing, and to purchase GS knex’s main gift certificates, but it was delivered only for gift certificates worth KRW 300,000.

However, in fact, the defendants have a very poor financial capacity, such as bad credit standing, and the defendants have access to the above site including the victim and send the purchase funds for merchandise coupons to the buyers who ordered the merchandise coupons.