What the officers did was a “sting operation” or “enticement to commit a crime”.
* The important thing is to look at the “intention” of the offender, whether he had the intention to commit the crime or whether he committed the crime because he was lured to commit the crime.
1. Luring to commit a crime = Inducing or causing another person to commit a crime, where the person does so without intention, such as having another person buy a pirated CD at a flea market and informing the police to arrest the buyer (Supreme Court Decision 4077/2006), etc.
2. Undercover purchase = An action that is not illegal, immoral, does not slander or impose blame, and the person being undercover purchase already has the “intention” to commit a crime, such as undercover purchase of methamphetamine from a person who has methamphetamine in their possession and is selling it, and that person has the intention to sell methamphetamine to the person undercover purchase (Supreme Court Decision 59/2009), etc.
Source :
Office of the Attorney General’s Office book on guidelines for considering differences between entrapment and entrapment
