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Defendant
A Imprisonment of three years and six months, Defendant B's imprisonment of two years, Defendant C's imprisonment of one year, and Defendant D of fine of two years.
Reasons
Punishment of the crime
[2013 Highest 470, 1182]
1. The Defendants, from February 2012 to May 14, 2012, posted a false advertisement stating that the term “N(O)” is “N(O)’s trade name, i.e., purchase and sale of an overseas purchase of 100% of fixed goods, 50% of fixed goods, 50% of total goods, and 50% of total goods,” at an office located in the left left part of the Chinese broad-water mine. In addition, the Defendants conspired to purchase and sell a forged trademark, such as the age and height in the Chinese market, New Airport, etc. (hereinafter “N(O”), and operated the shopping mall.
However, in fact, the defendants did not sell the authentic goods, but did not think of the purchase and sale of the representative or the exercise group in the Chinese market and did not hold the minimum amount of capital necessary for the operation of the shopping mall, and thus a considerable portion of the money deposited from the athletes is paid for the advertising expenses or the refund expenses of the customers requesting the refund, so even if they are paid from the victims, they did not have the intent or ability to supply the authentic goods in time or return the price at the time of the refund.
Nevertheless, the Defendants, as seen above, received an order from the victim P to take the age-based sports force around March 5, 2012, and transferred KRW 97,900 to the national bank account (R) in the name of Q as the price for the sports force, and subsequently, received KRW 36,223,100 from the victims as indicated in the separate crime list (i) to May 14, 2012.
2. Crimes related to S;
A. Defendant A, B, and C’s frauds: (i) Defendant A, and B, from February 2012 to customers, operated the shopping mall of N on the ground of Q from February 2, 2012 to the so-called “B”); and (ii) Q sold through the Internet, while selling the collective management officer and the sports group.