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(영문) 인천지방법원 2018.12.06 2018고단2114
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

The Defendant, using the Internet-type display “B”, intended to attract sexual traffic to a third party by arranging sexual traffic, and to obtain money for sexual traffic by receiving the money for sexual traffic.

On February 1, 2018, the Defendant agreed to arrange commercial sex acts, i.e., “2 hours and 2.50,000 won,” through a conversation with Cmancing Police Officer C who pretended to purchase sexual intercourses with the Defendant on February 1, 2018.

However, even if the defendant receives the price of sexual traffic, he did not have the intention or ability to arrange sexual traffic.

At around 20:05 of the same day, the Defendant deceivings the control police officer who pretended to purchase sex, and acquired the purchase price of 250,000 won by obtaining the delivery of sexual traffic.

Summary of Evidence

1. The defendant asserts to the effect that the defendant's act cannot be calculated as committing fraud in the witness C's statement among the witness examination protocol outside the trial court's witness examination protocol.

However, according to the statement of C by enforcement officer C, C gave the defendant KRW 2,50,00 as the purchase price of sex, and he was arrested by the defendant who attempted to receive the above money.

As long as the Defendant received such payment, it is reasonable to view that the crime of fraud has occurred.

We do not accept the above argument.

Application of Statutes

1. The relevant Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, Article 347(1) of the Criminal Act regarding the selection of a sentence, and the crime committed again during the grace period even after being sentenced to one year of suspended execution for four months of imprisonment for the same crime as the one of the reasons for the sentencing of a sentence of imprisonment (the date of suspended execution).

The crime of deceiving money from the target men by pretending to engage in sexual traffic is bad.

A sentence has been imposed to secure a person due to his escape while a trial is in progress, taking into account the above circumstances.

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