A defendant shall be punished by imprisonment for four months.

Punishment of the crime

From November 2015, the Defendant sold ties at J department stores E stores located in Pohang-gu, Northern Port E stores. Upon receipt of sales proceeds from customers, the Defendant immediately paid the said money to J department stores, or purchased gift certificates at an amount discounted by 2% from the face value of the sales proceeds, and performed the work in a manner to make payments to J department stores by purchasing gift certificates at a discount of 2% from the face value.

However, until October 2016, the Defendant, who did not pay the sales proceeds to J department stores and arbitrarily used the sales proceeds of KRW 68,094,00 in total, received the gift certificates in advance, and paid the amount of the sales proceeds received from the department stores as above, and paid the sales proceeds received from customers for their personal use.

The Defendant, on November 10, 2016, received money from the “R” operated by the injured party in Q in the north-gu Q of the Port from around 14:00 on November 10, 2016, that the Defendant would deposit the money with the victim.

Hanman's gift certificates need to be paid in advance.

“.....”

However, as the Defendant thought above, there was no intention or ability to pay the price even if he received gift certificates from the injured party.

The defendant deceivings the victim as above and acquired the certificate of KRW 100,000,000,000 in a market price of KRW 6090,00 from the victim, by receiving the certificate of KRW 62 from the department store.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by each police on P or L;

1. Certificates of cash custody;

1. Application of Acts and subordinate statutes to each investigation report (the detailed statement of account transactions submitted by the person under investigation, suspect-related witness and telephone conversations);

1. Where a person intentionally commits a deceptive act in the mitigated area (i.e., January to 1 year), (ii) reduction area (i.e., special mitigation factors) (i., special mitigation factors), or the degree of deceptive act is weak, in cases where a person intentionally commits a deceptive act, under the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act regarding the crime, the reason for sentencing a sentence of imprisonment [the scope of recommending punishment].