사기
Defendant shall be punished by a fine of three million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Punishment of the crime
On May 23, 2012, the Defendant entered into a contract with the victim D to sell the said E site for KRW 14 million at the Defendant’s office located in Bupyeong-gu Incheon Bupyeong-gu Seoul Building 1316, “The monthly sales of the Internet shopping mall E site (F) are approximately KRW 17 million.”
Even though around 30 months from November 2009 to May 24, 2012, the opening date of the above E site, the Defendant, at the Defendant’s office, showed data related to sales through a computer monitor at the Defendant’s office on May 23, 2012, and first, by taking advantage of the situation where the victim was unable to sufficiently understand the operation of the Internet shopping mall, the monthly sales of the said E was deceiving as if the cause was 17 million won. On May 24, 2012, the Defendant respondeded the Defendant to the same purport.
The victim believed that the monthly sales of the above E site via the Defendant’s computer data explanation and text message are KRW 17 million, and wired KRW 500,000 to the Defendant’s bank passbook on May 24, 2012, and KRW 13.5 million remaining on June 1, 2012.
The Defendant, by deceiving the victim as above, acquired 14 million won under the pretext of transfer of the Internet shopping mall site.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. Confirmation of details of deposit transactions and application of Acts and subordinate statutes reporting on investigation;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The defendant and his defense counsel asserted that the defendant and his defense counsel did not deceiving the victim as stated in the facts constituting a crime.
When selling and buying shopping mall sites, various circumstances such as the number of members and the function of the site in addition to the sales amount.