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(영문) 서울동부지방법원 2019.02.18 2018고단3742
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On January 18, 2017, the Defendant was sentenced to two years of imprisonment for a crime of fraud at the Seoul Eastern District Court, which became final and conclusive on January 26, 2017, and is currently under probation.

【Criminal Facts】

On June 20, 2018, the Defendant posted a letter on the Internet B website stating that “The sale of a new world merchandise coupon is made,” and false statement was made to the effect that “the delivery of a prior payment would be made.”

However, as the defendant did not have the above merchandise coupons at the time, there was no intention or ability to send goods even if he receives the price from the victim.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received KRW 1,400,00 from the victim to the E bank account under the name of D as the price for the goods, and by deceiving the victims from around that time to August 21, 2018, and received total of KRW 3,224,000 from the victims over 18 times.

Summary of Evidence

1. Defendant's legal statement;

1. Each authentic copy of C, F, G, H, I, J, K, L, M, N, P, Q, R, T, T, U, and V (including each accompanying material);

1. Personal data of each bank;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a number of times the defendant had been punished for the same type of frauds, the crime of this case was committed during the suspended execution period, the number of crimes is large, and the victim is a large number of victims, etc., the criminal responsibility of the defendant is heavy.

However, the sum of the amount of damage (3,224,00 won) is not significant, and the defendant paid all the amount of damage to the victims.

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