2013 Highest 2871 Fraudulent

2013 initially 1568 Application for a compensation order

A

Lee Jong-hwan, Park Jong-young (Public trial)

Attorney B (Korean National Assembly)

C

August 8, 2013

A defendant shall be punished by imprisonment for four years.

The defendant shall pay 24 million won to C who is an applicant for compensation. The above compensation order may be provisionally executed.

Criminal facts

On February 26, 2012, the Defendant posted a notice to the effect that the Defendant sells various merchandise coupons at a discounted price by 20%, as the title "the department store, SK K-owned merchandise coupons, and GS-owned merchandise coupons", which is located on the Internet website bulletin from 101 Dong 1803, Busan, Busan, which is the Defendant's residence.

However, the fact is that the defendant used the so-called "fashive mode" method of purchasing merchandise coupons to be paid by another merchandise coupon purchaser with the price of the merchandise coupons transferred by the purchaser, and the structure of purchasing merchandise coupons at a price higher than the selling price was the structure of purchasing merchandise coupons, so there was no intention or ability to send merchandise coupons even if the defendant receives merchandise coupons price from the victims because there was no profit structure or property that is accumulated as the amount of discount rate in selling merchandise coupons, and there was no profit structure or property that can cope with such

Nevertheless, the Defendant made a false statement to the effect that “I will forward money to the victim G who has contacted to purchase gift certificates with a genuine belief of the above posted statement and sell gift certificates on the face of the transfer of money,” and that it received KRW 10 million from the victim to the bank account under the name of the Defendant as payment for gift certificates around March 6, 2013, and received KRW 152,124,400 from the victim through the bank account in the name of the Defendant and the national bank account in the same manner from around that time to May 2 of the same year, as indicated in the list of crimes, as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H, I, J, K, K, L, M, G,O, P, and Q; 1. Each written statement of the police statement of R, S, T, U, V, W, X,Y, Z, AA, AB, AC, AD, AE, AE, and Q;

1. Each written petition;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 347(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Orders for compensation and sentence of provisional execution;

Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings

The sentence identical to the order shall be determined in consideration of the circumstances, such as the fact that a number of victims were born due to the crime of this case and the amount of fraud was a large amount, the fact that the damage was not recovered, the favorable circumstances such as the first offender and the fact that the crime was committed, the age of the defendant, and the circumstances leading to this case, etc.

Judges Song Jin only