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A defendant shall be punished by imprisonment for not less than three years and six months.
Defendant 1-22, 24-37, 39-64, 66-71, and 66-71.
Reasons
Punishment of the crime
around 09:02 on June 8, 2018, the Defendant sent a false statement to the effect that “(30 days after making a payment) M, N, andO cultural products are sold at 68% of fixed price, and at 73% of fixed price, P shall be sold at 73% of fixed price,” following the Defendant sent a merchandise coupon sales statement to the victim Q Q Q’s mobile phone text messages to the effect that “N merchandise coupons equivalent to KRW 100,000 and the merchandise coupon amounting to KRW 100,000 shall be sold first, if the money for merchandise coupons is transferred first,” and that “I will send merchandise coupons after the month.”
However, in fact, from May 2017, the Defendant appropriated the payment for merchandise coupons transferred from the purchaser of merchandise coupons to open market transaction funds, and sold merchandise coupons at low price as profits accrued from open market. However, from January 2018, the Defendant invested in bitcoin and incurred losses from the purchase of merchandise coupons, and transferred part of the payment for merchandise coupons transferred from the purchaser to the purchaser of merchandise coupons is used for the purchase of merchandise coupons, and the remainder is used for the purchase of merchandise coupons to be supplied to the purchaser of the preceding merchandise coupons, and it is difficult to supply merchandise coupons to the purchaser of merchandise coupons even in the first place of June 2018, even if it is difficult to supply merchandise coupons to the purchaser of merchandise coupons, there was no intention or ability to supply merchandise coupons according to the agreement.
As above, the Defendant, by deceiving the victim, received KRW 798,00 from the victim to the S account (T) in the name of the Defendant for the same day as the price for merchandise coupons, and received KRW 87,796,200 in total over ten times from that time to July 3, 2018, as shown in the attached Table 1 of Crimes List 1.
On June 8, 2018, the Defendant posted a letter stating “sale of merchandise coupons” on the Internet portal site “L” at an irregular place, and reported and contacted the above notice to the U.S. victim.