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(영문) 울산지방법원 2015.10.23 2015고단2280
사기
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 27, 2015, the Defendant contacted the victim by accessing the “number of cultural products” site via smartphones at the Defendant’s residence located in Ulsan-gu Seoul Building 206, Ulsan-gu, and reported on the sales of cultural products tickets posted by the victim D, and obtained pecuniary benefits equivalent to KRW 80,00 won by obtaining 10,00 won of KRW 80,00 from the victim’s 10,000,000,000,000,000 won through mobile phone text messages, although the Defendant did not have the intent or ability to purchase the said cultural merchandise coupons, and the Defendant did not intend to first notify the victim of the PIN number of the cultural merchandise coupons to the bank account.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes on photographs by cutting a petition, cultural product right, real text message, Kaxo, usage of cultural products right, communication data, Internet banking data, and capturing the Internet banking;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) 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 the sentencing factors favorable to the defendant that the defendant is waiting for committing a crime, that the amount of damage is not much weight, and that the victim does not want the punishment against the defendant by mutual consent with the victim.

The crime of this case is committed by deceiving a person who wishes to purchase goods on the electronic commerce website, etc. used by many unspecified persons, and as such, since the crime of this case disturbs the order of electronic commerce and leads a large number of victims, the crime of this case can be punished due to bad quality of the crime, and the crime of this case is committed again despite the expiration of the suspended sentence of imprisonment due to the same crime.

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