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(영문) 의정부지방법원 고양지원 2021.02.03 2020고단1355

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000 (three million).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On December 17, 2019, the Defendant would sell any 90,000 won of e-commerce to B, a medium-sized goods electronic commerce site.

“” posted a letter.

The Defendant made a false statement that the Defendant would first send money to the victim C who reported and contacted the notice to the victim C.

However, the Defendant did not have a crowdfunding, and was thought to use it as a cost of living with the price of the goods, so the Defendant did not have any intent or ability to sell the said crowdfunding to the victim.

The Defendant, by deceiving the victim as such, received 90,000 won from the victim’s account (E) under the name of the Defendant on the same day.

In addition, the Defendant received a total of KRW 295,00 from the time until January 27, 2020, a total of KRW 295,000 through four times, such as the list of crimes, from time to time.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the F, C, G, and H’s each statement of remittance confirmation, “certificate of remittance confirmation, details of transaction-related dialogue,” “certificate of remittance confirmation, text, and statement of transaction-related dialogue,” and “certificate of remittance confirmation,” and the application of the laws and regulations of “sale”.

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant should repent his mistake and not repeat his offense.

The Defendant repaid the victims the full amount of the damage.

In addition, the punishment shall be determined by comprehensively taking into account various circumstances shown in pleadings, such as the defendant's age, sex, environment, relationship to victims, motive and background leading up to the crime, method and contents of the crime, frequency and amount of the crime, circumstances before and after the crime, record of the crime, etc.