A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On November 5, 2018, at a place where a place is unknown, the Defendant posted a notice to the effect that “B” online gift certificates will be sold at KRW 89,500,00 in a bulletin board, by accessing the “B” online gift certificates to a mobile phone at a place where it is unknown, and that if the Defendant sent money to the victim C who reported and contacted, 480 gift certificates will be sent.

‘The purpose was to make a false statement.’

However, the defendant did not have an ability or intent to send merchandise coupons by purchasing merchandise coupons, even if he received money from the victim, because the defendant either purchased merchandise coupons from the purchaser at the time of the latter purchaser's money, or paid his debt with the purchaser's money.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 42,960,000 in total from the victim to the D account (E) in the name of the Defendant for the purchase price of merchandise coupons at least twice on November 14, 2018, and received KRW 126,420,000 in total three times from that time until December 5, 2018, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Details of deposits, details of withdrawals, details of account transactions, and statement on the results of transfer;

1. Application of statutes on the details of merchandise coupon transactions;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: From one month to ten years of imprisonment;

2. Where the range of recommending punishment on the sentencing criteria [the range of recommending punishment] general frauds (the amount of not less than 10 million won, the amount of less than 50 million won) has been reduced area ( October to June) (the amount of special mitigation] equivalent to the reduced area (the amount of special mitigation).

3. According to the decision of sentence, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime were committed, the sentence as ordered shall be determined by comprehensively taking into account the various factors of sentencing as expressed in the trial process of this case.

(b)bed;