The defendant shall be exempted from punishment.

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence of two years and six months for a special robbery at the Daejeon High Court on March 22, 2019, and the said judgment became final and conclusive on March 30, 2019.

[2019 High Court Decision 322]

1. On September 2, 2018, the Defendant, around 16:00 on September 2, 2018, written a statement that the victim C would buy “GS Sscer mobile merchandise” at the Internet “B” box, and the Defendant, using the inside page of the said website, made a false statement that the victim sold KRW 100,000 per KRW 75,00.

However, the defendant did not intend to sell the above merchandise coupons.

The defendant received 75,000 won from the victim to the D Association account (E) in the name of the defendant, and acquired it by fraud.

[2019 Highest 768]

2. On January 16, 2018, the Defendant posted a letter to the effect that “The sale of cultural merchandise coupons” is made using a mobile phone at the residence of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and that “the sale of cultural merchandise coupons in KRW 90,000” is false to the victim H who reported and contacted the above letter.

However, since the defendants did not have the right to receive cultural products, they did not have the intention or ability to send cultural products to the victims even if they receive money from the victims.

The defendant received 90,000 won from the victim as the price for the goods on the same day from the victim to the I account (J) in the name of the defendant, and fraudulently acquired it.

[2019 High Court Decision 343]

3. On August 26, 2018, the Defendant sent to the above “B” website a report letter stating that the victim K purchases gift certificates, thereby selling KRW 544,800,00 in KRW 544,80.

However, the defendant did not have intention or ability to sell the above merchandise coupons.

On August 26, 2018, the Defendant received 544,800 won from the victim to the D Association account (E) in the name of the Defendant on August 26, 2018 and acquired it by fraud.

[2019 High Court Decision 502]

4. On September 2, 2018, the Defendant’s “B” at a Buddhist place of not more than Incheon.