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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, a tobacco import company, is a person who has worked as a business employee at the Jeju Branch of Korea (State).
1. On December 2, 2013, the Defendant against the victim C made a false statement to the victim that “The Defendant would purchase tobacco at a rate of 30,000 won for each time he/she sells a winner of tobacco in the company. If the Defendant sent the purchase price of tobacco at a company, he/she would sell tobacco at a company to a letter wholesaler, and would continue to pay the amount of discount equivalent to the amount of discount accruing from selling tobacco by purchasing tobacco with the money that he/she sold tobacco again.”
However, even if the defendant sells tobacco, he did not have any discount or subsidy for a tobacco winner, and even if he received money from the victim as a price for purchasing tobacco, he did not intend to purchase tobacco with the above money.
As such, the Defendant, by deceiving the victim as such, acquired 2,370,000 won from the victim for the purchase price of tobacco from the victim on or around December 2, 2013, 200, 2,370,000 won around December 10, 2013, and 4,747,000 won around December 30, 2013, and 2,370,000 won around January 9, 2014, and acquired 6,00,000 won around January 10, 2014, and acquired 5,925,000 won around January 21, 2014; 24,30,000 won around April 8, 2014; 200,000 won under the name of the Defendant’s account under the name of 30,370,000 won around December 21, 2014;
2. On February 2014, the Defendant’s fraud against the Victim F will give a discount to the Victim F, if the Defendant purchases tobacco at a certain amount of 30,00 won each time he/she sells a tobacco box to the Victim F.
When sending the price for purchasing tobacco, the company sells tobacco by entrusting the company with a letter wholesaler and sells tobacco again, and sells tobacco by purchasing tobacco with the money sold again.