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(영문) 대구지방법원 2017.09.15 2017고정1526
전자상거래등에서의소비자보호에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a mail order distributor who sells sports, etc. on the Internet with the trade name “B” (Internet homepage: C).

A mail order distributor shall include the trade name, representative's name, address, telephone number, e-mail address, etc. when placing an indication or advertisement for the purpose of receiving an order for the transaction of goods, etc., and shall not provide false information.

On August 24, 2016, the Defendant: (a) transferred the place of residence of the said enterprise to Daegu-gu D Building; (b) around 1609, the Defendant entered the said Internet website company’s major column into “Seoul-gu D Building and 1609,” and provided false information on the business entity’s identity information, by entering the said Internet homepage company’s major column into “Seoul-gu D Building and 1609,” from May 22, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by the F;

1. Application of Acts and subordinate statutes to a written accusation (the head of Daegu mid-gu Office), on-site photographs, or a suspect's electronic commerce website to capture company information, and to a report on a sales business of news and communications;

1. Subparagraph 1 of Article 43 and Article 13 (1) 2 of the Act on the Consumer Protection in the Electronic Commerce, Etc. concerning criminal facts;

1. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (the Defendant reflects the Defendant’s mistake while making a confession of the instant crime; the Defendant has no record of criminal conviction and criminal punishment other than once a fine; the Defendant appears to have committed the instant crime by negligence on duty without bad faith; the Defendant’s address was corrected and registered through the pertinent procedures after the control; the Defendant did not contain any details of actual damage due to the instant crime; the Defendant’s address was sought again in the Gu office in charge of regulating the Defendant; and the Defendant’s age, sexual behavior, environment, and circumstances leading to the instant crime are considered)

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