A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant called the victim C while working as a telemarketing member in Company B, and recommended the victim C to purchase any special benefits to the customer, from October 2013 to November 201, 2014, the Defendant had the victim purchase six of the contact membership rights held by the Defendant in total of 11,720,000.

After that, the Defendant made a false statement to the effect that “The Defendant may receive a refund in cash because the points of the container membership rights previously purchased are accumulated,” and that “the commission and tax amount are needed to process them,” by phoneing to the victim from the French land around March 2015, the Defendant made a false statement to the effect that “the victim who requested the revocation of the container membership rights purchased as above is waiting for taking time.”

However, even if the Defendant received money from the victim as above, he did not think that he would use it for personal purposes, such as paying personal debts or card bills, etc., and did not think that he would pay the victim by converting the points of the contact membership rights owned by the victim into cash. In short, the Defendant did not have any intent or ability to return the money that he received from the victim due to the obligation of several million won to the savings bank, the lending company, and the branch in a state with no special property and with no good credit.

Nevertheless, on April 7, 2015, the Defendant received 3,840,000 won from the victim’s bank account (D) with the Defendant’s name on April 7, 2015, and received and acquired KRW 142,215,391 in total over 25 times from around that time to February 15, 2016 as indicated in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. The replacement of the defendant in C to the prosecution investigation protocol.