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(영문) 수원지방법원 안산지원 2016.11.10 2016고단1770
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant, at around 14:00 on October 15, 2014, concluded that “Around 14:00, the Defendant would purchase products made from the victim D with goods produced on the Internet, which would have been sold on the Internet. On arrival of the products, the Defendant immediately sold the prices of goods and would sell them.”

However, in fact, the defendant did not receive the transaction amount separately supplied to the customer in bad credit condition at the time, and the defendant is running a business in such a way as to prevent the return of the goods in lieu of the payment on credit with the customer and the goods in lieu of the payment on credit with the other customer. Therefore, even if the goods are supplied by the victim, the defendant did not have the intention or ability to sell the goods to the customer and pay the price.

Around October 17, 2014, the Defendant, by deceiving the victim as such, received the living equipment equivalent to KRW 5,162,000 from the victim, and received the living equipment equivalent to KRW 11,019,00 from November 3, 201 of the same year, and received the living equipment equivalent to KRW 11,642,50 from November 15 of the same year, and acquired the property amounting to KRW 27,823,90.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of each Act and subordinate statutes to details of trading, list of goods, and certificate of goods acceptance;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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