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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On July 2, 2014, the Defendant made a false statement to the victim C, stating, “The Defendant would deliver cosmetics to B in large quantity at a place where the name of Seoul or lower is unknown, and at the Internet NVD, a meeting of the persons who door-to-door sales is an Internet NVD, which is a group of the persons who door-to-door sales, supplied cosmetics to B in large quantity. First of all, the Defendant deposited the price into the market, which is 50% higher than the market price.”
However, at the time, the Defendant was unable to secure at all the supply source and distribution channel of cosmetics at a lower price than the market price. Since the Defendant purchased cosmetics with the money received from some buyers and supplied them to other buyers, etc., even if he received the payment of cosmetics first from the victim, the Defendant did not have the intent or ability to immediately purchase the ordered cosmetics at a lower price than 50% of the market price and deliver them.
The Defendant received 3,570,000 won from a single bank account in the name of the Defendant on the same day from around that day to July 29, 2014, and received 326,694,600 won in total from around 41 times, as shown in attached Table 1, from around that time, the Defendant provided only cosmetics equivalent to KRW 175,141,600 to the victim, and acquired property profits equivalent to KRW 147,053,600,000, which is the difference by refunding 4,500,000 won.
In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.
2. On July 28, 2014, the criminal defendant against the victim E made a false statement to the victim, stating, “The victim, who became aware of the Internet NVD, a meeting of the door-to-door seller, would immediately deliver cosmetics to the victim at an amount below 50% of the market price at the face of the week, because of the price of cosmetics,” at a place where the name of Seoul or below is unknown.
However, at the time of fact.