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(영문) 수원지방법원 안산지원 2013.04.03 2012고단2562

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 14, 2012, the Defendant opened the “E” website, which is an Internet social money discount site in Ansan-si, Gyeonggi-do, the Defendant: (a) placed an advertisement as if the Defendant sold various goods at discounted prices, such as “Nak Free 351% discount,” and “I sell at 80,000 won per 10,000 won per 10,000 won per 10,000 won department store,” on the said website, even if the Defendant did not have the intent or ability to deliver the goods even after receiving the order from the victims; and (b) had the intent to receive the price of the goods, such as “I sell at discounted prices,” and “I wish to receive the price of the goods that I believe to be true.”

On June 28, 2012, the Defendant: (a) placed a false advertisement on the above website; (b) received 266,000 won from the victim F to receive money from the victim F; and (c) acquired it by fraud; and (d) received 13,484,700 won in total over 80 times from July 30, 2012, as shown in the attached crime list, from that time, and acquired it by defrauded.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to C by the police;

1. A petition, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (organization of a list of crimes and organization of a list of non-reported damage limits);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62(1) of the Criminal Act suspended execution (see, e.g., Article 62(1) that a majority of the victims or the amount of damage is not so significant; the Defendant deposited KRW 12,106,00 for victims after the prosecution of the instant case; the Defendant has no particular criminal power; the Defendant recognized his mistake); and

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 32(1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit, etc. of Application for Compensation, to C who is an applicant for compensation.