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A defendant shall be punished by imprisonment for a term of one year and eight months.
The defendant shall be liable to the applicant C for the damage KRW 10,975,00,00.
Reasons
Punishment of the crime
[2017 Highest 9616] On August 30, 2017, the Defendant, at the Defendant’s residence located in Seo-gu, Seo-gu, Daejeon M. 201, will deliver the gift certificates to the Defendant at a price lower than the market price of 30% of the market price if he/she first forwards the price.
“The victim, who reported and contacted the comments posted to the purport to the effect, contacts with Lone who made a mobile phone text message and sell gift certificates in KRW 1,370,000.
The term "" refers to the following.
그러나 사실 피고인은 상품권을 가지고 있지 않았을 뿐 아니라 상품권을 확보할 계획도 없었으므로 피해 자로부터 돈을 받더라도 약속한 물품을 판매할 의사나 능력이 없었고, 돈만 가로챌 생각이었다.
As above, the Defendant: (a) by deceiving the victim as above, received KRW 1,370,00 from the victim’s new bank account (N) in the name of the Defendant on the same day from the victim; and (b) from that time to November 29, 2017, received a total of KRW 102,275,000 from the victims in total on 64 occasions as shown in the attached crime list from November 29, 2017.
[2018 Highest 2607] On October 25, 2017, the Defendant posted a letter, “sale of gift certificates to department stores” on the cell phone used in transaction of goods, and then transfers money to the victimO who reported and contacted this letter, the Defendant would sell gift certificates at the discount price for department stores.
A false statement was made.
However, the Defendant did not have gift certificates, so there was no intention or ability to sell them.
Ultimately, the Defendant, by deceiving the victim as above, received a total of KRW 1,160,000 from the victim to the new bank account in the name of the Defendant, and acquired the money by transfer from the victim.
Summary of Evidence
[2017 Highest 9616]
1. Statement by the defendant in court;
1. Statement made to I by the police;
1. Each statement of F, H, C, G, L, D, K, E, P, and Q;
1. A copy of the J Reports;
1. Personal identification cards, photographs;