A defendant shall be punished by imprisonment for four 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

On September 29, 2016, the Defendant access the website of the “China” country and sells the piracy mobile merchandise coupon in KRW 250,000,000 at that place.

“After posting the text “,” and reporting it to the victim J that made contact to the Defendant, “When remitting KRW 200,00,000 to the Defendant, it will deliver piracy mobile cultural merchandise coupons.”

“.....”

However, in fact, the defendant did not have the above cultural merchandise coupon and received money from the above victim, but did not have the intent or ability to give such money to the victim.

As above, the Defendant: (a) by deceiving the said victim; (b) received 200,000 won from the said victim as the price for cultural merchandise coupons on the same day from the said victim; and (c) received 2,759,800 won in total as the price for merchandise coupons from the victims through the same method over 13 times from October 15, 2016, such as the statement in the list of crimes in the attached list of crimes; and (d) acquired it by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement (list 3, 7, 11, 14, 23, 32, 46, 61, 62, 63), and each statement (list 28, 36, 40);

1. The details of each financial transaction, etc. (list 2, 8, 15, 19, 24, 30, 33, 38, 43, 47, and 57), the new data (list 4), the closure data (list 9, 39, 42, 44, 48), the details of transfers, and the closure data (list 12), the data on deposit transactions (list 18), the application form for deposit transactions (list 50);

1. Application of each investigation report (List 20,58) statute;

1. Article 347 (1) of the Criminal Act, Articles 347 (1) of the said Act and the choice of punishment for the crime;

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. Article 62-2 of the Criminal Act on the observation of protection, and Article 59 of the Act on the Observation, etc. of Protection;

1. Determination of the favorable circumstances (which seems to have already been restored to the damage of the applicants) of the defendant on the grounds of sentencing under Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits by rejecting an application for compensation order, and Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits.