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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On March 20, 2018, the Defendant reported a notice to the effect that “to purchase the department store gift certificates” posted by the victim C on the Internet site “B” at an influence place, and made a false statement to the effect that “to sell them to the victim at 2.82,80,000 won at 50,000 won store gift certificates and 100,000 won store gift certificates at 6% discount.”
However, in fact, the defendant did not have the above merchandise coupons, as well as the defendant thought that he would use the money paid by the victim to repay gambling money and personal debt, so even if he received the payment from the victim, he did not have an intention or ability to sell merchandise coupons to the victim.
Accordingly, the Defendant, by deceiving the victim, received a total of 2.38,00 won from the victim’s bank account (Account Number: E) in the name of the Defendant on the same day, and KRW 2.82,00,000 from the following day to June 24, 2018, and received a total of 25,213,50 won in the same way as in the list of crimes.
On March 25, 2018, the Defendant reported “the purchase of gold forced gift certificates” posted by the victim F at the Internet B website at an influence place, and made a false statement to the effect that “the purchase of gold forced gift certificates is changed to KRW 325,00,00,000,” by visiting the victim.
However, even if the defendant did not have a gold forced gift certificate and received money from the victim, he did not have the intention or ability to send the gift certificate to the victim.
At around 15:15 of the same day, the Defendant received 325,000 won from a bank account under the name of the Defendant and acquired it by fraud.
around September 26, 2018, the Defendant posted a notice on the Internet site “G” at a galglue place (hereinafter referred to as “G”) around September 26, 2018, and made contact with the Defendant.