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(영문) 창원지방법원 2014.05.21 2014노146

사기등

Text

1. The part of the judgment below, excluding the compensation order, shall be reversed.

2. The defendant shall be punished by imprisonment with prison labor for ten months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and three months of imprisonment) is too unreasonable.

2. The defendant's assertion by deceiving a large number of unspecified persons wishing to purchase goods at K, which is the electronic commerce site, obtained money by deceiving them. The total number of victims caused damage to about 16,00,00 won, total amount of damage was more than 56,00 won, Internet commercial transactions were conducted based on the general trust in trading. Since the fraud of the defendant disturbs the order of such electronic commerce, and multiple victims are mass production, it is necessary to severely punish the defendant. The defendant provided safe settlement service [this Escke service] to those who avoid direct trade among the trading partners. The defendant was found to have committed the crime of this case by deceiving the victims by sending the falsified text message that was sent from the e-commerce site to 200,000,000 won. On the other hand, it is recognized that the defendant had not yet been charged with the crime of this case by 10,000,000 won or more, and the defendant had not yet been charged with the crime of this case by changing 20,000 others's telecommunicationsc.

However, damage recovery has been made to about KRW 15 million out of the amount of damage caused by the defendant's fraud, and it has been caused by the attack.