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(영문) 의정부지방법원 고양지원 2018.08.17 2018고정404

사기

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person operating Internet vehicle merchandise shopping mall B.

On June 6, 2017, the Defendant posted the wheel chairs of the “SA-10R” model on the B website at around 15:10, and received KRW 1,200,000 from the Agricultural Bank Account (D) in the name of the KA-10R in order to send the goods to the victim C who intends to purchase the wheel, and received the delivery of KRW 1,20,000 from the victim C.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. C’s statement;

1. Application of Acts and subordinate statutes to receive financial transaction information, replys to e-mail (e-mail capturing a text message) after cutting down the course of the transfer and cutting down a text message;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order has the record of being punished for the same crime against the defendant, the damage caused by the crime of this case is relatively minor and the damage has been recovered, and the defendant's age, sex, environment, family relationship, motive for the crime, means and consequence of the crime, etc. shall be determined as ordered by considering all the factors of sentencing as shown in the arguments of this case, including the defendant's age, sex, environment, family relationship, motive for the crime