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(영문) 의정부지방법원 2018.07.20 2018고단2157
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On November 07, 2017, the Defendant, at around 15:51, 2017, posted a false statement on the Defendant’s residence in Namyang-si B and B 102, stating that “The Defendant sold the front door” by accessing the Internet with a major country, and reported it to the Defendant C, who “on the first deposit of money.”

However, in fact, the defendant did not have the dynamics, and even if the injured party deposits the price, he did not have the intention or ability to sell the dynamics.

As above, the Defendant: (a) by deceiving the victim; (b) received 180,000 won from the Nonghyup Bank account in the name of the Defendant for the purchase of goods from the injured party; and (c) received the total amount of KRW 985,000 from that time to March 14, 2018, as shown in the list of crimes in the attached Table from March 14, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition and statement of E, C, F, G, H, I, J, and K Preparation;

1. Each statement of transfer (applicable to H, I, J, and K) statute;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Grounds for sentencing of Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of concurrent crimes with punishment stipulated in a crime of fraud against I of the largest victims of crimes) of the Criminal Act aggravated for concurrent crimes;

1. It is the fact that the transaction of Internet goods to determine the illegality of the crime is easy to obtain information on goods in comparison with the existing commercial transactions, the width of consumer choice is wide, and the transaction process is simple, and its scale is continuously expanded, while it can be unlimited liability for the goods sold by the seller due to the anonymousness of the user.

Since Internet goods transactions are formed based on the trust between sellers and buyers, damage caused by the seller's non-liability may infringe upon the seller's trust in overall transactions of Internet goods, which is many people.

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