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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[2018 Highest 132] On October 11, 2017, the Defendant posted a letter to the effect that “to sell cultural merchandise coupons” on the Internet, which is a trading site of secondhand goods, and that “to sell cultural merchandise coupons” is sold to the victim B who has reported and contacted this.
“.....”
However, the defendant did not have a cultural merchandise coupon so that he did not have an intention or ability to sell it even if he received the price from the victim B.
Nevertheless, the defendant deceiving the victim B as above, and he received 490,000 won from the Agricultural Cooperative Account (C) in the name of the defendant as the price for goods on the same day from the victim B, and he received 1,210,000 won in total as the price for goods three times from around that time to October 17, 2017, as shown in the list of crimes in the attached Table.
Accordingly, the defendant acquired the victims' property by deceit.
[2018 Highest 1156] The Defendant sells “Seland mobile merchandise coupons” at the Defendant’s home located in Gosae-gun D around March 3, 2018 to the Internet NAV in the Republic of Korea.
“The” posts a letter and reports it to the victim E, “The Government shall sell KRW 400,000 for a Grand Culture gift certificate of KRW 320,000 to the victim E.
When sending money first, it is intended to send merchandise coupons.
“A false statement” was made.
However, the defendant did not have any intention or ability to sell money even if he received money because he did not have a cultural merchandise coupon.
As such, the Defendant, by deceiving the victim E, received 320,000 won from the victim E to the Agricultural Cooperative Account (C) in the name of the Defendant on the same day.
Summary of Evidence
1. Statement by each of the defendants in court;
1. Each written statement of F, G, B, and E;
1. Application of Acts and subordinate statutes to the details of transactions of deposit and withdrawal, each certificate of confirmation of transfer, and details of transfer;
1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;
1. The former part of Article 37 of the Criminal Code, and Article 38.