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1. Defendant B shall be punished by imprisonment for one year and six months, and Defendant C by imprisonment for three years, respectively;
2. Defendant A shall be acquitted.
Reasons
Punishment of the crime
[2014Gohap49, 89]
1. The Defendants in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against Defendants B and C agreed to attract investors to profit from the purchase of merchandise coupons in large quantity in the merchandise coupons and sell them in the merchandise coupons, and to make a public offering to cut off the merchandise coupons bought by investors in the old room by settling accounts at the money exchange, and to take the role of general supervision over the whole process of the above crimes, such as creating a disguised merchandise coupon and identifying the purchasing place of merchandise coupons, and Defendant B decided to share the role of disposing of the merchandise coupons acquired in the said money exchange center by reducing the amount of the merchandise coupons.
Defendant
C The purpose of C was to request investors to invite investors, “When purchasing gift certificates in cash of at least KRW 100,000,000, additional gift certificates equivalent to 5% of the purchase price are received. When selling gift certificates in exchange for their children, 3.50,000 won may be gained, and up to three times a day may be made.” If investors are recruited, part of the profit will be divided.”
On December 2, 2013, A recommended the victim F to make an investment in the merchandise coupon exchange business as above, which was known to the police officer through the line of society.
However, in fact, Defendant C had no intention to exchange the gift certificates purchased by the victim because Defendant C received the gift certificates from the victim by pretending to exchange them in exchange, and then had attempted to exchange them at will.
On January 3, 2014, at around 10:00, the injured party purchased KRW 1,050,050 merchandise coupons 1,050,000 won per face value from the new world department store, Young-gu, Yeongdeungpo-gu, Seoul, Young-gu, Seoul, for the first floor of the building of Songpa-gu, Seoul, and around 14:00 on the same day.