A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

From around 2015 to December 2019, the Defendant was a person who operated D, a Korean-style seller of the manufacturing chain C in Japan, from the Seoul Gangdong-gu, Gangdong-gu, Seoul, to the 2019, received a reservation order from customers and paid it to C, and thereafter received the balance from customers and paid it to C when the products were entered, and then conducted business by receiving the products and providing them to customers.

On December 2, 2017, the Defendant entered into a contract to provide a victim E with e-mail at the above place, and concluded that around March 2, 2018, the Defendant provided the victim with e-mail sent from the Defendant’s house located in Gyeonggi-si, Gyeonggi-si with e-mail to the victim.

However, in fact, the defendant did not have the intent or ability to provide the victim with the response, even if he received the consideration from the victim, because he did not think that he would pay it to C.

As above, the Defendant, by deceiving the victim as above, received KRW 319,00 from the victim as the price in response to the victim’s accusation, around March 2, 2018, and received KRW 392,930,950 in total from February 14, 2017 to September 6, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report of the I Statement of Police with regard to F, G, E, and H (to hear the I Statement of Witnesses);

1. Application of the Acts and subordinate statutes on the details of damage, such as filing of a complaint, JF, etc., G K data, E L data, MN data, HO data, and P Q data;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. The scope of recommendations according to the sentencing criteria; and