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(영문) 창원지방법원 2018.09.19 2018고단1069
사기
Text

Defendant shall be punished by a fine of KRW 400,000.

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

Reasons

Punishment of the crime

On December 2017, the Defendant ordered 359,100,000 won at the Internet shopping mall operated by B’s department store, “C” website operated by B’s department store, and paid 359,100,000 won at the price.

However, the above sexual harassment has been dealt with in C due to the lack of goods, etc.

Accordingly, the Defendant used the fact that even if he delivers goods at a sales store, he may cancel the settlement in the Internet shopping mall, and when he delivers the same, he would cancel the settlement of the payment. As such, on December 20, 2017, the Defendant requested the Victim F, who operates the above department store E store store, to deliver the instant so that he would normally pay the payment of the payment of the sexual harassment to the victim F, who operates the above department store D store, at a place where the location cannot be known.

However, in fact, the defendant did not have the intention or ability to pay the amount normally because he thought that the defendant would not cancel the payment of the credit card when he delivers the amount of sexual harassment.

The defendant deceivings the victim as above and was delivered one sexual harassment equivalent to 359,100 won at the market price around December 21, 2017 by the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to door-to-doors and text messages;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

1. In full view of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, taking into account the contents and circumstances of the instant crime, the amount of fraud, the age of the Defendant, and the various factors of sentencing such as sexual conduct, etc., the Defendant is taking into account the fact that the Defendant does not repeat the same mistake as recognizing the instant crime, taking measures to recover damage, and taking measures to recover damage and the victim did not want the punishment of the Defendant, as set forth in the Disposition above.

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