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(영문) 의정부지방법원고양지원 2020.12.04 2020고단2827

사기

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On January 21, 2020, the Defendant entered into a contract for the use of siren services by linking the Internet site “C” operated by the victim B, and setting the term “DV16R8540KV” as “from January 1, 2020 to November 8, 2024”; “58,000 won per month”; and “60 months” during the siren period.

However, in fact, the Defendant, before entering into the above contract, decided to dispose of the said siren product and received KRW 800,000 as a consideration, and thus, there was no intention or ability to pay sirens to the victim while normally using the said siren product.

The Defendant, as above, by deceiving the victim, was issued by the victim a siren of KRW 1.40,00 at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Police statements of D;

1. Each contract, delivery paper, content of demand, certificate of delivery installation, siren contract provisions, lump-sum claims, peremptory notice for repayment of debts, requests for the return of goods, and prior notice for criminal complaint;

1. Application of investigation reports (related to the market price of damaged goods) Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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 are the same criminal records and several times, and in light of the fact that the defendant is under suspension of execution due to the same kind of crime, the liability for the crime of this case is not exceptionally applied.

However, considering the fact that the Defendant stated that he/she is against the facts charged, the agreed point with the victim, and the fact that he/she does not have been sentenced to punishment, etc. in favor of the Defendant, the Defendant’s age, character and behavior, health status, family relationship, means and result of the crime, etc., the punishment as ordered shall be determined by taking into account the various sentencing conditions indicated in