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A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 2014, the Defendant posted a notice to sell home fluort gift certificates on the Internet fluor’s “China” camera at the Defendant’s residence located in Mapo-gu Seoul, Mapo-gu, Seoul, and formed trust by selling various gift certificates, such as home fluor mobile gift certificates, at the price equivalent to 85% of the market price, to the victim H who reported and contacted this article.
From July 1, 2015, the Defendant issued merchandise coupons to the said victim while taking over certain losses until February 2015. However, from around July 1, 2015, the Defendant sold home flusty merchandise coupons, lot tickets, and cultural merchandise coupons at approximately 15% of the market price, thereby making it impossible to conduct a normal transaction any longer due to the increase in the amount of losses.
On July 3, 2015, the Defendant sent gift certificates to Kwikset three weeks after the Defendant’s phone in the above residence.
“.” The purport was “.
However, the Defendant had no intention or ability to sell gift certificates normally to the victim because the Defendant had no longer been able to make a normal transaction as above, and was operating the existing transaction by a prompt term “return prevention” in order to cover the amount of loss incurred in the previous transaction.
Nevertheless, as above, the Defendant: (a) received 2.5 million won from July 3, 2015 to August 31, 2015, such as deceiving the said victim; and (b) received from the said victim via a new bank deposit account (Account Number: I) in the name of the Defendant on the same day from the said victim; and (c) received money totaling KRW 420,910,000 from the said victim as the sale price of gift certificates, as in the attached list of crimes (victim H).
In addition, the Defendant was issued KRW 1,263,42,100 from July 1, 2015 to August 31, 2015, as indicated in the list of crimes and the list of crimes by each victim, as well as the Defendant’s total amount of KRW 1,263,42,10.
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