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(영문) 대전지방법원 천안지원 2020.05.19 2020고정165

사기

Text

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

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

Reasons

Punishment of the crime

On January 27, 2019, the Defendant written a letter to sell two copies of ‘10,000 won' online merchandise coupons on ‘B', and promised to sell the merchandise coupons to the victim C who reported and contacted this.

However, the defendant did not have an intention or ability to sell gift certificates promised to the victim.

around January 27, 2019, the Defendant received 170,000 won from the victim’s credit account under A’s name from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to evidential materials;

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 crime of fraud in this case with the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a crime of abusing the characteristics of the Internet trading where it is impossible to clearly confirm whether the goods are actually sold at the time of payment of money and whether the seller wishes to sell them to the seller, and the crime of fraud in this case is not suitable considering the following: (a) the crime of fraud in this case was committed without the intent to assume an economic risk; and (b) the crime is committed by abusing the characteristics of the Internet trading where it is difficult to confirm clearly whether

The defendant committed the crime of this case, even though he was sentenced to punishment on several occasions, and he committed the crime of this case at the same time.

There is no material to compensate or reach an agreement on the victim's damage. As such, it is necessary to consider in calculating the amount of fine from the perspective of prevention, even if it is difficult to recover the damage through civil litigation of the victim in the case of the victim's internet trading fraud.

In addition, the defendant's age, character and behavior, environment, circumstances of crime, and circumstances after crime are considered as ordered.