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

On December 24, 2016, the Defendant, at the Defendant’s residence located in Mapo-gu Seoul Metropolitan Government (Seoul Mapo-gu) around December 24, 2016, sold online merchandise coupons to the Defendant’s car page in the Republic of Korea, despite that the Defendant did not intend or have an ability to sell merchandise coupons at a low price even if he received money from the victims, and was considered to use the money transferred from the victims to purchase them.

“The” posts a letter and then calls for a victim C who reported and contacted the above letter to sell online merchandise coupons at 80 percent price.

When the merchandise coupon price is first paid, it is 15 days to send a merchandise coupon Fin number to a text message.

“Falsely speaking to the purport, it received a total of KRW 16,545,00 from the victims in the same manner as indicated in the list of crimes from the time to February 15, 2017, including the remittance of KRW 1,60,000,000 from the victims around December 24, 2016 as the purchase price for merchandise coupons from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each statement of D, E, F, G, and H;

1. Investigation report (to telephone conversations of a victim verifying additional damage);

1. Application of Acts and subordinate statutes to the details of account transfer, text message, response to financial transaction information, statement of transaction, receipt of deposit, text, posting in a high country, text, written confirmation, statement of deposit transaction, statement of deposit transaction, and details of deposit transaction;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice 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 Social Service Order Criminal Act [the scope of recommendation] : (a) the basic area (from June to one year and six months) (the person subject to special sentencing) ; (b) the sentence is to be imposed in consideration of the following circumstances, Defendant’s age, sex, environment, circumstances after committing the crime, etc. ; (c) the Defendant is to be imposed in consideration of the following circumstances; and (d) the Defendant’s age, sex, environment; and (e) the reason for sentencing under Article 62-2 of the Social Service Order Act.