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(영문) 서울남부지방법원 2018.07.23 2018고정598
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who sells cosmetics.

The fact does not have the intent or ability to pay the price even if the cosmetics are delivered by the injured Party B;

1. On April 7, 2017, on the ground that “I would immediately transfer cosmetics if you send cosmetics” on the Geat website at the free hosting (Weat), he was delivered cosmetics worth Class 2,295,100 won, including 6:58,300 won, from the injured party on the same day;

2. Around April 10, 2017, he/she received delivery of cosmetics equivalent to Class 4 2,112,100 won in the same manner, such as yellow cosmetic 3 sets through the same website in the same manner;

3. Around April 13, 2017, at the same time, cosmetics equivalent to Class 5,472,350 won, including 7 licensed in the same manner via the same website, were delivered on three occasions, and were delivered with cosmetics equivalent to KRW 5,879,558, and did not pay the price without justifiable grounds, thereby acquiring pecuniary profits equivalent to the same amount.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to an investigation report (as a result of inquiry into age credit information);

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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