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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On November 23, 2018, even if the Defendant received money from another person, the Defendant did not intend or have the ability to send online cultural products rights, but sells the online cultural products right to 10% discount price on the Internet bulletin board.
“A false statement stating to the effect that “A victim C, who reported and contacted the comments posted to the purport, sold in KRW 135,00,000 the goods of Grandland to KRW 135,00,000,” the victim received KRW 135,000 on the same day from the victim, from that time until February 6, 2019, and received KRW 2,15,000 in total from victims over 10 times as indicated in the annexed crime list.
Summary of Evidence
1. Defendant's legal statement;
1. Each written statement of C, D, E, F, G, H, I, J, K, and L;
1. Application of Acts and subordinate statutes, such as a certificate of transfer, etc. (the sequence 2,8, 12, 16, 19, 23, 26, 35, 40-2 of the evidence list);
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [decision of types] - In a case where considerable parts of reduction elements are recovered, the court shall take into account all the circumstances such as the following: (a) in a case where the person who committed a crime is subject to aggravated or unspecified victims or for a considerable period of time; (b) in a case where the person who committed a crime is subject to aggravated punishment or multiple unspecified victims; (c) the basic area / [decision of the recommended area] from June to January 6 / [decision of the sentencing] from June to the same year / [decision of the sentence]; (d) the person who committed each of the crimes of this case in the course of the suspension of the execution of imprisonment for the same kind of crime; (b) the defendant committed a mistake; and (c) the amount of damage caused by each of the crimes