Defendant

A Imprisonment with prison labor for two years and for four years, respectively.

Defendant

A shall be obtained by deceit to F who is an applicant for compensation.

Punishment of the crime

[2012 Highest 3677, 2013 Highest 288, 2013 Highest 1837]

1. Defendant B operated an online shopping mall called “ Q”, which sells merchandise coupons (SK merchandise coupons, GS merchandise coupons, cultural merchandise coupons, etc.) to the actual operator of “P” (hereinafter “P”) which is a social machine company (hereinafter “P”) that has secured approximately 35,00 members of Guro-gu Seoul Metropolitan Government O 507-1, and changed from June 13, 2012 to “P”).

On October 201, the Defendant started merchandise coupon sales business by way of the online shopping mall, i.e., the purchase price of merchandise coupons in advance by the purchasing customer, and instead of issuing merchandise coupons after a certain period of time, the Defendant started merchandise coupon sales business by discounting the purchase price according to the fixed rate of time.

The Defendant started the sale of merchandise coupons from the beginning without any funds necessary for the said merchandise coupon discount sales business, and did not have to supplement the structural loss of the said merchandise coupon discount sales business, but at a price lower than the purchase price of merchandise coupons was set and sold. Furthermore, since the Defendant used the said merchandise coupon discount sales profit to promote the local heating facility business and the smartphone Mongolia export business, it was eventually impossible to secure merchandise coupons to receive advance payment by securing a new merchandise coupon purchase customer in order to secure merchandise coupons to be sent to the customer who deposited the merchandise coupon purchase price.

From October 201 to August 2012, the Defendant posted an advertisement to the above “ Q Q” website to the effect that “as a result of the purchase of a merchandise coupon, the Defendant sent it three to ten months, and the price of the merchandise coupon shall be discounted to 12 to 23% of the face value of the merchandise coupon.”

However, due to the above circumstances, the defendant is willing to send merchandise coupons to the purchasing customers, even if he receives the purchase price of merchandise coupons from the purchasing customers.