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(영문) 의정부지방법원 2018.09.14 2018고단3055
사기
Text

1. Defendant shall be punished by a fine of KRW 8,000,000.

2. Where the defendant does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

On April 8, 2017, the Defendant connected to “B” of mobile fishing fluor at a closed place, posted a letter “(B minimum price)”, which reads “(B) fluent AR2434 cluice cluice cluice,” and made a false statement to the effect that, on May 8, 2017, the Defendant would send 90,000 won to the victim who reported and contacted the above notice to the victim C, who deposited KRW 90,00.

However, the defendant did not have the above visibility and did not have the intention or ability to seek the above visibility for the victim.

Nevertheless, the defendant deceivings the victim as above and acquired 90,000 won through the virtual bank account (E) of "D" around 10:05 on May 10, 2017 as the purchase price for visual activities from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on cybercrime prepared in C and a written statement;

1. A report on investigation (B reply);

1. Application of legislation of a written confirmation of the use of D services;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the transaction of Internet goods with the reason for sentencing is easy to obtain information on goods in comparison with the previous commercial transactions, the width of consumer choice is wide, and the transaction process is simple, and its scale is continuously expanding, while the scope is continuously expanding, the seller can be held liable for the goods sold by the seller due to anonymousness of the user.

Since Internet goods transactions are formed based on the trust between sellers and buyers, damage caused by the seller's non-liability may infringe on the seller's trust in overall transactions of Internet goods, which reduces the transactions of Internet goods used conveniently by many people and increases the transaction cost for safety transactions.

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