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A defendant shall be punished by imprisonment for a term of one year and eight months.
The defendant shall receive the amount of 8,800,000 won from the applicant C to the applicant C.
Reasons
Punishment of the crime
On June 18, 2014, the Defendant was sentenced to a suspended sentence of ten-month imprisonment for a crime of fraud at the Seoul Eastern District Court, which became final and conclusive on June 26, 2014, and is currently under suspended sentence.
On March 2015, the Defendant posted a letter that “sale of gift certificates at the department store discount” by accessing the department store’s website, despite having no intention or ability to sell the gift certificates, the Defendant, at the early PC room located in Gangdong-gu Seoul, on March 2015, posted the said letter to the victim H, who posted the said letter on the phone, sold KRW 100,000 gift certificates at KRW 91,00.
The phrase “ makes a false statement.”
The Defendant received KRW 286,039,00 from the victim 21 to the Nong Bank account (I) in the name of the Defendant from the new bank account in the name of the victim as the purchase price of merchandise coupons from the victim on March 30, 2015. From around that time to July 23, 2015, the Defendant received the total of KRW 286,039,000 from the victim 21 as indicated in the attached crime list in the same way.
Accordingly, the defendant deceivings victims to acquire financial benefits of 286,039,000 won.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Each police statement in relation to J, K, L, G, H, M, F, and E;
1. Each statement of D, N,O, P, Q, R, S, T, U,V, W, and X;
1. C Complaints;
1. The picture of the contents of each Kakao Stockholm text message, the screen pictures of the Highest Board of Korea, the screen pictures of each text message, and the screen pictures of the Kakao Stockholm text message;
1. Application of the Act on the Statement of Transactions in the Agricultural Cooperatives Account
1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 25(1), Article 31(1), and Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation and Sentence of Provisional Execution (Provided, That the acquired amount which the applicant E seeks shall be KRW 13,360,000.