Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The Defendant is a person who is engaged in industrial measuring instrument sales business under the trade name of “D” in Bupyeong-gu Incheon Metropolitan City.

On April 23, 2012, the Defendant opened a letter to sell an industrial measuring instrument through the Internet homepage, and falsely concluded that “When paying KRW 3.190,00,00,000 to the victim E who contacted to purchase the Austria measuring instrument, the Defendant would immediately send two Austria.”

However, the defendant did not have the above measuring instruments at the time, and did not have the intent and ability to rescue the victim.

As above, the Defendant: (a) by deceiving the victim; and (b) around that time, the victim paid KRW 3,190,00 (only KRW 1,509,00 as a damage amount according to the prosecutor’s changes in indictment), by credit card; and (c) received the payment from the Defendant, from January 31, 2013, the Defendant received a total of KRW 9,878,000 (only KRW 6,297,000 as a damage amount according to the prosecutor’s changes in indictment) on five occasions, as shown in the attached list of crimes in the same manner, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, E, and G;

1. Each statement of H and I prepared;

1. Application of Acts and subordinate statutes on remittance statements;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;