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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
1. On February 18, 2013, the Defendant posted a notice at the Defendant’s house located in Seongbuk-gu, Sungnam-si, the Sinnam-si, stating that he would sell a search machine on the Internet next website, and that he would sell a search machine when the victim D contacts with the victim.
However, since the defendant did not have a searcher, even if he received a prior payment, he did not have the intention or ability to sell a searcher.
As above, the Defendant, by deceiving the victim, received 700,000 won from the victim to the corporate bank account under the name of the Defendant on the same day.
2. Around April 2, 2013, the Defendant posted a notice at the Defendant’s home, as indicated in paragraph (1), to sell a leakage detection device to the E site’s mid-to-door entrance, and when the victim B contacts, the Defendant sent the money to the Defendant’s home to transfer the leakage detection device to the Defendant’s home.
However, as the defendant did not have a water leakage detection device, the defendant did not have an intention or ability to sell the water leakage detection device.
As above, the Defendant, by deceiving the victim, received 80,000 won from the victim to the corporate bank account under the name of the Defendant on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the respective Acts and subordinate statutes in D and B;
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
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. Articles 32 (1) 3 and 32 (2) and 25 (3) 3 of the Act on Special Cases concerning the Improvement of Lawsuit, etc. of Application for Compensation (the scope of liability for compensation is unclear and it is not reasonable to issue an order for compensation in the criminal procedure);