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(영문) 대전지방법원 천안지원 2018.05.29 2017고정848
사기
Text

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

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

Reasons

Punishment of the crime

The defendant reported the victim A's website and sold server hard disks.

After telephone, on December 27, 2015, 60,000 won was deposited in the E Association account of 2.5 million won, from the front day of the Sungnam City Party C in Sungnam-si, and 1 million won was paid in cash.

However, in fact, hard disks is not perceived and cannot be used, and the defendant had no intention or ability to sell normal hard disks from the beginning.

Nevertheless, the defendant was issued 3.5 million won by deceiving the victim.

The facts charged are stated as acquiring property benefits equivalent to 3.5 million won, but they are corrected and recognized as above to the extent that they do not infringe upon the defendant's right of defense.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. The document of F;

1. Investigation report (Specialized G telephone conversations for the accused) [The accused was unaware of the fact that the majority of the accused was the inferior goods at the time of selling hard disks to the victim;

The argument is asserted.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the Defendant, even if not determined, can be sufficiently recognized that the majority of the relevant hard disc was bad and acceptable, and the fact of sale is sufficiently recognized.

① According to the victim’s statement, approximately 90% of the hive disc sold by the Defendant was defective, but this ratio is too high.

(2) When a defendant sells the relevant hard disc, he/she shall have taken necessary measures, such as testing the performance of defective goods, by examining whether the customer is able to believe, whether the price is too low, or not.

Nevertheless, the Defendant did not take all such measures and sold them to the victim.

(3) The defendant.

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