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(영문) 인천지방법원 2019.10.17 2019고정1792
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 2018, the Defendant entered into a siren agreement on electronic equipment and received goods, and transferred the goods to the Internet, and then received the fees.

Around June 8, 2018, the Defendant entered into a siren (lease) agreement that connects the Defendant’s residence in Michuhol-gu Incheon, Michuhol-gu, Incheon, to pay 79,000 won monthly 78 months each month to the victim’s website by accessing the Defendant’s website, and entered into a siren agreement to pay 69,900 won each month for 39 months in the same manner on the same day, and then, the Defendant sent the Plaintiff’s name to the Busan (hereinafter referred to as the “Sacs E7”) to the Defendant’s residence, and then, the Defendant sent the f9,900 won each month to the Plaintiff’s residence.

However, even if the defendant received the above goods from the victim, he did not have the intention or ability to pay the monthly rent.

As such, the Defendant, by deceiving the victim, received the delivery of the said cleaning machine and coffees equivalent to the sum of KRW 6,518,000 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to a complaint or a siren lease contract;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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