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A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date of the pronouncement of this judgment.
Reasons
Punishment of the crime
On July 6, 2014, the Defendant: (a) applied for purchase of the Home Packer gift certificates at the head office of the victim Home Packer Co., Ltd. located in Gangnam-gu, Seoul, Seoul, for a total of KRW 20 million; (b) applied the discount rate of 5.5% to deposit KRW 18.9 million in the victim company’s name as the purchase price for gift certificates; (c) around 10:14 on July 10, 2014, the Defendant deposited the purchase price for the said gift certificates in the above account at KRW 18.9 million on the same day; (d) deposited KRW 10:15,16:18.9 million on the same day immediately thereafter; and (e) deposited KRW 18.9 million on the same day; and (e) deposited the Defendant’s deposit in the process at KRW 10.6 million on the victim company’s asset management team and the Defendant’s total of KRW 18.98 million on the same date; and (e) deposited the Defendant’s deposited in the account.
However, around July 11, 2014, the Defendant issued an order for gift certificates of KRW 20 million from the above D, an employee of the victim company, before the 8th floor of the building of the headquarters of the said victim company, around July 7, 2014, and the asset management team deposits KRW 18.9 million each at the same time. The Defendant made a false statement to the effect that the Defendant received a request for verification of the order for gift certificates of KRW 3,000,000 from the said D, which is an employee of the victim company.
As such, the Defendant obtained gift certificates in an amount equivalent to KRW 60 million added to KRW 40 million from the amount deposited by the Defendant using the status in which C and D employees of the victim company were erroneously omitted, and acquired them by defrauding the home-plug gift certificates in an amount equivalent to KRW 40 million, which is the difference.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D, C, and E;
1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;
1. Statement by the prosecution concerning D;
1. The amount of money for merchandise coupons, the details of money for merchandise coupons, investigation reports, merchandise coupons shall be equivalent to 60 million won.