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(영문) 대구지방법원 서부지원 2013.11.07 2013고단1033
사기
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Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

In fact, even if the defendant receives money from the victims as the price for the sale of goods, such as merchandise coupons and performance diskettes, he did not have the intention or ability to actually deliver the goods agreed to be sold to the victims.

Nevertheless, around April 29, 2013, the Defendant posted a false advertisement on the “C” page located in Daegu-gu Seo-gu, stating that he would sell gold-free gift certificates by accessing the Internet website, and then sell gift certificates to the victim E who reported and contacted the above advertisement. As such, the Defendant was transferred KRW 140,000 from the victim to the account in the name of the Defendant as the price for the same gift certificates on the same day.

The Defendant, including that, from that time until June 2, 2013, received total of KRW 2,938,500 from the victims to the account in the name of the Defendant, as shown in the attached list of crimes.

Accordingly, the defendant was delivered property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement against E, F, G, H, I, J, K, L, M, N, andO;

1. Each statement in the preparation of P, Q, R, S, T, U, V, X, Y, Z, AA, AB, AC, AD, and AE;

1. Application of Acts and subordinate statutes to a petition filed by the AF;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant repeats a crime during the period of probation, but the defendant still has not yet been aged, the defendant paid considerable damage to his or her mother's mother's help after committing the crime, and it seems that he or she is likely that he or she seriously reflects his or her wrong life while he or she faithfully lives with employment and lives, etc., the punishment like the order shall be

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