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(영문) 인천지방법원 부천지원 2019.08.06 2019고단1420
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 3, 2018, the Defendant posted an advertisement stating that the Defendant would pay in cash equivalent to 75% of the amount of '297,000 won in cash to the victim F who reported this advertisement, if he purchases a large amount of '22,000 won in cash from the Internet in 'E account' B and C around Kimpo-si on December 3, 2018.

The phrase “the meaning was false.”

However, the defendant did not have the intent or ability to deposit money to the victim even if the victim first purchased the game money by small payment.

Nevertheless, the Defendant, by deceiving the victim, had the victim settle the amount of KRW 297,00 on the same day from the victim, but did not remit cash, thereby acquiring property benefits equivalent to KRW 297,00 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of statutes to data submitted to victims;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was punished for the crime of fraud in the sale of goods on the Internet, and even though the Defendant was under prosecution for the crime of fraud committed during the period of suspension of execution due to the same kind of crime and during the suspended execution period, the Defendant committed the crime of this case, which is disadvantageous to the Defendant.

However, the defendant recognized the crime of this case, the defendant appears to have reached an agreement with the victim by paying the full amount of damages to the victim, and the defendant was sentenced to imprisonment with prison labor on January 11, 2019 and imprisonment with prison labor on April 26, 2019, and was sentenced to imprisonment with prison labor on April 26, 2019, and was sentenced to imprisonment with prison labor on June 21, 2019 by the Incheon District Court on June 21, 2019.

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