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(영문) 서울중앙지방법원 2016.04.07 2016고단747
사기
Text

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

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

Reasons

Punishment of the crime

[Majority Relationship] On May 21, 2015, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Seoul Central District Court on August 21, 2015, and the judgment became final and conclusive on the 29th day of the same month, and is currently in

[Criminal facts] The Defendant connected C with Ad'D at a place where it is unknown on September 28, 2015, and sold products purchased in July 60 on the bulletin board of the Twitter.

After posting a letter on the sales of the earphones, the author made a false statement to the effect that if the victim receives contact from the victim E (25 years old) and transfers money to the victim, he/she would send the product on his/her behalf.

However, even if the defendant receives money from the injured party, he shall send the goods promised to the injured party on his home.

there was no intention or ability to act.

The Defendant, by deceiving the victim as such, received 700,000 won from the injured party under the same day as the price for goods.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Inquiries of transaction details, photographs transmitting and receiving text messages, photographs of the Internet site closures, details of transaction, and inquiries of financial transaction details;

1. Previous convictions: The application of Acts and subordinate statutes after inquiring about criminal history and reporting the results of previous convictions;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant committed the same crime during the period of probation.

It is not good that the crime is committed by Internet fraud.

A favorable circumstances: The defendant is recognized as committing a crime and is against the defendant.

The amount of damage is relatively small.

A victim shall not be punished.

In addition, the defendant's age, sex, environment, family relationship, motive and consequence of the crime, and circumstances that form the conditions for sentencing as shown in the argument of this case are recorded.

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