Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of ten months.

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

Punishment of the crime

Defendant

A and Defendant B, along with F, G, H, etc., sold merchandise coupons at a remarkably low price (15-34% discount rate) compared to the market price, but they did not immediately pay the purchased merchandise coupons, but distributed merchandise coupons by dividing them over three to 12 months at the purchaser’s option at the purchaser’s option, and placed an advertisement with the contents of inducing the increase in the discount rate at the rate of 3 to 12 months, and deposited the total amount of the merchandise coupons in proportion thereto by inserting an advertisement with the increase in the time limit for receipt of merchandise coupons, and purchased merchandise coupons at the rate of 1.5 to 2.5% at the market during the market (I), and collected money by operating the merchandise coupon discount sales site (I), and then planned to cover losses arising from the difference in the above discount rate of profit-making business through other profit-making businesses, such as entertainment room, coffee shop, acting driving company, etc.

However, the essence of the above business is to purchase merchandise coupons at a discounted price and sell merchandise coupons for sale. The difference in the discount rate between the two parties is too high to sell merchandise coupons to many buyers, and thus, the loss was inevitably increased. There was no specific plan for punishing for a profit-making business to cover losses. Therefore, even if merchandise coupons are sold at a discounted price for general consumers, there was no intention or ability to pay merchandise coupons normally.

Accordingly, around August 24, 2012, the Defendants, the said F, G, etc. posted a deceptive advertisement with the content that “if they purchase three gift certificates of KRW 500,000 at the same time through the said I website, they will receive KRW 1,185,000,000 applied at a discount rate of 21% and deliver gift certificates over three months each month, at the K office located in Suwon-si Jash 316, Suwon-si, Suwon-si, Suwon-si, and the said I website, etc., the Defendants, the said F, and G, etc. shall immediately transfer KRW 1,185,000 from L to the bank account (M) in the name of G, even if they receive KRW 1,185,00 from L.