Text
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
"2016, 506"
1. On April 14, 2015, the Defendant posted a letter “I sell gift certificates” on the Internet Subdivision website, and reported it to the victim B, who made a false statement that “I will sell KRW 450,000 won of gift certificates at KRW 100,000.”
However, even if the defendant receives money from the victim, he did not have the intention or ability to send the above department store merchandise coupons, and was thought to use the money received from the victim for the cost of living.
As such, the Defendant, by deceiving the victim, received 4.5 million won from the victim in C’s corporate bank account (Account Number: D).
Accordingly, the defendant was given property by deceiving the victim.
"2016, 507"
2. On February 25, 2016, the Defendant posted a false statement to the effect that “the sales of a new world merchandise coupon is sold in KRW 270,000,000” to the victim F, who visited the Defendant by using his/her mobile phone at the accommodation of the E company, and then sent a false statement to the effect that “the Defendant would sell KRW 100,000 won of a new world merchandise coupon to KRW 270,00.”
However, the defendant did not have the above global merchandise coupon at the time and did not have the intent or ability to send the new world merchandise coupon even if he received the above money from the victim.
Nevertheless, the Defendant received a total of KRW 3.60,00 from the victim to the account in the name of the Defendant on the same day, and acquired a total of KRW 2.70,000 from March 30, 2016, from the time to March 30, 2016.
Summary of Evidence
1. Defendant's legal statement;
1. B written statements;
1. Each written petition;
1. Each internal investigation report and investigation report;
1. Application of Acts and subordinate statutes to confirm the results of transfer and e-mail data;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. The former part of Article 37 of the Criminal Code among concurrent crimes.