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Defendant
A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.
However, this decision is delivered to the Defendants.
Reasons
Punishment of the crime
1. On November 2015, Defendant A operated an Internet shopping mall, which sells the clothing, etc. of young children, “E” from around November 2015, and Defendant B operated the said Internet shopping mall along with the above A from February 2016.
2. On November 22, 2015, Defendant A’s sole criminal defendant posted at the Defendant’s house located in Gangseo-gu Seoul Metropolitan Government F a notice to sell infant clothing on the “E” bulletin board of the Facebook, a social network service, and reported and contacted the letter to Defendant G. who sent money to the victim G.
The phrase “States” was false.
However, even if the defendant receives the payment from the injured party, he/she was thought to use it for living expenses, repayment of loans, operation of shopping mall, etc., and send the items of infant clothing to the injured party.
there was no intention or ability to act.
Nevertheless, the defendant deceivings the victim as above and transferred KRW 53,00 to the post office account (Account Number: H) in the name of E from the victim on the same day.
In addition, from November 22, 2015 to January 31, 2016, the Defendant received the remittance of KRW 2,376,951 from the victims in the same way 64 times as in the attached crime sight table 1 to January 31, 2016.
3. On February 1, 2016, the Defendants conspired to sell infant clothing at the Defendant’s house located in Gangseo-gu Seoul Metropolitan Government F, posted a letter on the “E” bulletin board, a social network service, and reported and contacted the letter to the victim I who sent money.
The phrase “States” was false.
However, even if the Defendants received the payment from the injured party, they thought that they will use the payment for living expenses, repayment of loans, refund to the existing customers who have not yet received the goods, or purchase of goods, etc., and send the clothing of young children to the victims.
there was no intention or ability to act.
Nevertheless, it is not possible.