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Defendant
A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of eight months.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
1. Defendant A and Defendant B presented a false invoice (INVICE) to the victims, and resolved to take money by deceiving money at low prices as if they could be supplied at low prices through the hotel duty-free shop staff at Busan Plock in order to obtain consent by demanding Defendant B to do so as if they were the above duty-free shop staff who can supply the above cosmetics at low prices.
Accordingly, the Defendants conspired to acquire money from victims.A.
On January 12, 2013, Defendant A presented to the above victim’s G office located in Mapo-gu Seoul Metropolitan Government F, a invoice inserted with the mark of “LOTE PET PNDDFS (referring to duty shop)” on the left upper part of the lower part of the victim’s office, and Defendant A introduced the above victim as if the above victim was an employee of the above victim’s duty-free shop as if he was an employee of the above victim’s duty-free shop on January 12, 2013, according to the schedule desired to offer items cosmetics at low price through the hotel’s duty-free shop; and Defendant A introduced the above victim as if he was an employee of the above victim’s duty-free shop on January 12, 2013.
However, even if the Defendants received money from the above victims, they did not have the ability or intent to supply the above cosmetics at low prices through the above duty-free shop, and the above invoice was a false document prepared by Defendant A by inserting at his own discretion the mark "LOTE PPE DFS", and Defendant B was not an employee at the above duty-free shop.
As above, the Defendants deceiving the above victim and received USD 140,000 ($ 147,840,000) through Defendant B under the name of advance payment for purchase of cosmetics on the same day from the above victim, and the Defendants were above on January 14, 2013.