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(영문) 광주지방법원 목포지원 2017.10.17 2017고정399
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

[Criminal record] On August 11, 2016, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Chuncheon District Court on September 30, 2016, and the judgment became final and conclusive on September 30, 2016.

[2] On January 1, 2016, the Defendant issued an order for a set of KRW 546,300 with access to the Internet shopping mall (yourstyist.co. . c. kr) operated by the payment system (the method of delivery of things for mind and payment of the price for the goods later) at a place where a place is unknown.

However, even if the Defendant received the ordered goods, the Defendant received the delivery of clothes equivalent to 546,300 won from the Gangwon-si B, Gangwon-si, Seoul-si, and the first floor, by deceiving the victim so as to receive the clothes equivalent to 546,300 won, without the intent or ability to settle the price of the goods.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Copy of the police statement made to C;

1. 피해 업체 제출자료( 주문 내역), 피해 업체 제출자료( 신용카드 본인 인증 내역), 피해 업체 제출자료( 화 물 추적 현황), 피의자 A의 주문 내역, 결제 조회, 교 횐 조회, 반품 조회, 배송 완료 조회 출력물

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (Attachment to the same type of court rulings, etc.), investigation report (a suspect who commits concurrent crimes after Article 37 of the Criminal Suspectber Act)

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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