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A defendant shall be punished by imprisonment for three years.
The defendant shall be 30,140,000 won, F, and 32,00,000 won, which shall be acquired by deceit to E, who is an applicant for compensation.
Reasons
Punishment of the crime
From May 201, the Defendant had been operating a restaurant with the trade name “ Q” in the Guri-si P from May 201, and had been willing to provide funds by undermining the sale of merchandise coupons when operating funds fall short of operating funds.
From July 2011 to May 201, 2013, the Defendant recruited merchandise coupons by posting an advertisement to the effect that “The amount of 50,000 won (50,000 won) is sold to 40,000 won at a discount of 20%, and instead, the Defendant delivers merchandise coupons after one month after the deposit.”
However, as above, merchandise coupons sold by the Defendant at a discount of 20% were purchased at the price of 2% discount from merchandise coupon selling companies, and thus, the Defendant purchased merchandise coupons at a discount of 2%, and sold merchandise coupons at a container, and thus, the Defendant suffered losses as it sold merchandise coupons.
In this situation, the defendant continued to sell a large quantity of merchandise coupons to many buyers, and there was no specific plan to compensate for the above loss, and there was no other property than the above restaurant deposit, so even if he receives money from the buyer as the purchase price for merchandise coupons, he did not have the intention or ability to deliver merchandise coupons normally to the buyer.
Nevertheless, on February 12, 2013, the Defendant received KRW 14,000,000 in total from the victim Sk K K K-owned gift certificates to the Agricultural Cooperative (T) account under the name of the Defendant, including the transfer of KRW 14,00,000 in total from February 7, 2013 to May 11, 2013 in the separate crime list, as shown in the separate crime list, from 73 victims in total as above, as the price for gift certificates was transferred from the above 73 victims to the above account.
Accordingly, the defendant was informed of the victims and received each property.
Summary of Evidence
1. The defendant;