logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.08.24 2017고합109
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On August 10, 2016, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (such as purchase of sex, etc.) provided that, at around 22:00 on August 10, 2016, the Defendant: (a) provided that “E” was a juvenile at one’s home located in Yansan-gu Seoul Metropolitan City, using a marcing formula; (b) provided that “F shall pay 400,000 won in return for sexual intercourse with the knowledge of the fact that it is a juvenile; and (c) provided that F shall pay 50,000 won in return for sexual intercourse and purchase the child and juvenile sex on three occasions through three occasions after paying 50,000 won to F in the number of guest rooms located in Young-gu, Seo-gu, Seoul Metropolitan City.

2. The fraud defendant, as described in the above paragraph 1, told the above victim F to "E, if he/she gives her sexual intercourse and gives her new wall, 400,000 won as a consideration." After the victim interviews the victim, the defendant is given cash in the Hel number of the Hel number as described in the above paragraph 1, and is given 50,000 won to the victim F.

The remainder stated that it will take place after sexual intercourse.

However, the defendant did not have any intention or ability to pay for the promise even if he had sexual intercourse with the victim from the beginning.

Nevertheless, the Defendant: (a) by deceiving the victim and forcing the victim to respond to the sexual act three times; and (b) by not paying the amount promised as above, the Defendant acquired the pecuniary benefits equivalent to KRW 350,000 by means of not paying the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant legal provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 13(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of purchasing child and juvenile sex), Article 347(1) of the Criminal Act (the occupation of fraud), and the choice of imprisonment with prison labor for each crime;

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes with the punishment prescribed for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the purchase, etc. of sex) with heavier punishment);

1. Article 62 of the Criminal Act:

arrow