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(영문) 대구지방법원 김천지원 2020.01.14 2019고정199
사기
Text

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

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

Reasons

Punishment of the crime

Around October 8, 2018, the Defendant made a false statement to the effect that the Defendant would deliver the “slurburbation” produced in the Republic of Korea within seven days to ten days when he/she pays to the victim C at the B website.

However, the defendant was planned to import and sell new shoes produced in China, and there was no intention or ability to deliver them within the delivery period in which the delivery was promised.

Nevertheless, the defendant deceivings the victim as above, and caused the victim to settle KRW 194,90 as payment at the Internet site on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written complaint and presented evidential materials;

1. An investigation report (Attachment of the transfer records of suspect A and suspect-related transfer records, contact with E, hearing of the complainants' statement) (the defendant seems to be arguing to the effect that he did not deceive the victim. However, this court is based on the evidence duly adopted and examined. In other words, the following circumstances are acknowledged: ① selling a new product directly produced by the defendant at B Internet site and the new product plant is not in China (Evidence Records 13, 14, 17 et al.); however, the defendant actually sold a new product produced by the Chinese factory (Evidence Records 231 pages); ② the defendant was in possession of a new product at the above Internet site (Evidence Record 13 pages); but the defendant received the product at a point of time two months after the order (Evidence Records 7, 242 pages); ③ the defendant was investigated by several victims related to the new product related to this case (Evidence Records 17, 242 pages); and the defendant's assertion that the aforementioned provision was not applicable to the victim (Evidence 297-14, 97-194).

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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