A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, a sales store of household appliances in Eunpyeong-gu Seoul Metropolitan Government, has been employed as an employee in D, and on April 12, 2017, sold a washing machine equivalent to KRW 549,000 to the victim E, who had been a customer in the above store, and received the payment of the price by the card, and the Defendant may purchase KRW 490,000 when he purchases laundry machine from the employee, but shall deliver the money to the individual passbook within the country.

In the future, employees may receive a discount, and the credit card price already paid will be cancelled after one month.

“.....”

However, in fact, the Defendant did not have any employee code entitled to purchase a street from the dispatched employee at the time of the transfer of money under the pretext that the Defendant could purchase a street from the victimized person for personal reasons, such as Internet gambling funds. Therefore, even if he received a separate transfer of money from the injured person, the Defendant did not have any intent or ability to cancel the details of the victim’s credit card settlement or to have the victim purchase the home appliances at the agreed discount price.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 490,00 from the victim to the account in the name of the Defendant for the purchase price of discount on the same day from the victim, as well as transferred KRW 30,730,00 in total from around that time to May 21, 2017 by the same method.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each sales business letter, each receipt, each reference to the results of transfer, each fact confirmation, and the application of statutes on the approval details of each card;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment].