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(영문) 대전지방법원 천안지원 2019.05.21 2019고정40

사기

Text

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

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

Reasons

Punishment of the crime

On November 9, 2014, the Defendant told the victim D, who reported and contacted online B with the sales text of the package trading store located in the new and American dong-dong, Dong-gu, Dong-gu, Dong-gu, Incheon, that “on the transfer of money, you will send it immediately.”

However, even if the defendant receives money, he did not have the intention or ability to sell the spread.

Nevertheless, as seen above, the victim received KRW 80,00 from the victim to the E AssociationF account in the name of the defendant, and the victim received KRW 539,50,00 from each victim to the above E Association account five times through the above E Association account, KRW 975,00 through seven times, and KRW 350,000 through the I Bank J account, respectively, and acquired KRW 1,864,50,00 on 13 occasions, such as receiving KRW 350,00 from each victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of the respective laws and regulations of K, L, M, N,O, P, Q, R, S, T, U, and V

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the provisional payment order are as follows: (a) the Defendant, on a multiple occasions, by deceiving victims as if they were to sell valuable goods.

The crime of fraud of this case is a crime that has intended to purchase goods only without any intent to accept any special economic risk, and is a fraud committed against victims, and is a crime that abuses the characteristics of Internet transactions where it is impossible to clearly confirm whether the goods are actually sold at the time of payment of money and whether the purchaser intended to sell them to the seller, and thus, it is necessary to actively punish such fraud in order to revitalize the Internet transactions.