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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[2017 Highest 2160] On April 19, 2017, the Defendant posted a letter stating that “The Defendant shall sell merchandise coupons at the discount of the new global department store” by accessing the Internet (D), at the Defendant’s office located in Gyeyang-si, Yangsan-si, to the following (D) Kaum.
However, the defendant did not have merchandise coupons, so even if he received the price, he did not have intention or ability to sell at a discount.
Nevertheless, the Defendant: (a) made a false statement to the victim E, who reported and contacted the above notice, as if he sold 10,000,000 won for the New Year’s department store gift certificates in KRW 92,000; and (b) received KRW 92,000 in the name of the gift certificates from the injured party to the deposit account in one bank in the name of the Defendant’s name; and (c) received from the injured party the total amount of KRW 17,915,00 in total from May 14, 2017 until May 35, 2017.
[2017 Highest 2410] On May 4, 2017, the Defendant posted a notice stating that “D shall sell at a discount of KRW 4 million for a new world merchandise coupon of KRW 3.6 million” by accessing the Internet (D) set up at the Defendant’s home located in Yangsan-si, Yangsan-si, to:
However, the defendant did not have merchandise coupons, so even if he received the price, he did not have intention or ability to sell at a discount.
Nevertheless, the Defendant: (a) made a false statement to the victim F, who reported and contacted the above writing, as if he sold KRW 100,000 in the new world department store 92,00; and (b) received KRW 3,660,000 in the name of the Defendant from the victim to the deposit account in the name of the Defendant in the KEB bank; and (c) received a remittance of KRW 5,303,000 in total four times from May 2, 2017 to June 16, 2017 as shown in the attached Table (A).
Summary of Evidence
[2017 Highest 2160]
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. E, H, I, J, K, L, M, N,O, P, Q, R.