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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who runs a mail order business in the trade name of C.
On August 19, 2012, the Defendant posted a notice stating that “E” (E) the Defendant installed a computer and telephone at the Defendant’s house living room in Seongbuk-gu Seoul Metropolitan Government D apartment 107 Dong 914, and opened a merchandise coupon at 33% discount,” along with an advertisement, “where the purchase price of merchandise coupon is paid, the merchandise coupon shall be delivered at 50,000 won per 3 to 3-8 months per month, depending on the type of purchase, and the said company shall be liable for delivery by the last dispatch of the merchandise coupon.”
However, the fact that the Defendant did not have subscribed to the Seoul Guarantee Insurance in relation to the delivery of goods, and that the E shopping mall business commenced around July 2012 sold merchandise coupons at a significantly discounted discount because of the lack of sales, the Defendant received cash from the victims who want to purchase merchandise coupons, and the part of the money was to purchase merchandise coupons from other merchandise coupon sales and dispatch the merchandise coupons promised with the victims, and the remainder was to use the merchandise coupons for the payment of the Defendant's existing debt and living expenses.
On the other hand, the Defendant purchased gift certificates at the price discounted by 1-2% or 4-6% of the face value according to the type of gift certificates sold from other gift certificates, and there was a method of selling them at the price discounted by 15-33% to the victims, so it was well known that if the Defendant continues to conduct business, it is impossible to implement the sales contract for the victims.
Nevertheless, the Defendant, around October 11, 2012, decided to sell 50,00 won of the New World merchandise coupons 18 to the victim F at the discounted price of 23 percent, and when deposited KRW 693,00,000 of the merchandise coupons, the merchandise coupons will be divided into six months each month, and delivered at the door of three months.