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(영문) 의정부지방법원 2018.06.28 2018고정651
사기
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

On November 28, 2016, the Defendant made a subscription for online TV goods with a view to receiving KRW 3.80,000,00 from the opening date, on the condition that the Defendant would pay monthly charges for each month from the opening date by telephone to the agency (F) for attracting E goods operated by Do Government-si B lending C.D.

Even if the Defendant subscribed to the said Internet TV goods, he/she received 3.80,000 won of cash funds from the said E goods attracting agency from the Defendant’s corporate bank account (G) around December 2, 2016 and took economic benefits equivalent to that amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A reply upon a request for cooperation in investigation, such as a written complaint, a written statement, the progress of duties, inquiry of results of transfer, each investigation report (the case of telephone conversations related to the written complaint, telephone conversations with witnesses H, records of ETV subscription), notification of data on financial transaction status, statement of transaction by account, statement of details of each transaction by account, and reply;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The rationale for sentencing under Article 334(1) of the Criminal Procedure Act is the following: (a) the Defendant recognized the criminal facts of this case and reflects his mistake; (b) the Defendant agreed with the victim; (c) the Defendant appears to have relatively good health; and (d) the economic situation seems to have not been a designated judicial branch for the judicial branch; and (b) the fact that there is no history of special criminal punishment except for a fine imposed on the offender on the violation of the Electronic Financial Transactions Act in around 2017.

However, the crime of this case in which the defendant subscribed to TV goods of a perer who did not have the intent or ability to pay a fee and acquired the stolen goods by deception, is not less than that of the crime in light of the content and method of the crime, and is in the same and similar cases.

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