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(영문) 서울중앙지방법원 2015.10.01 2015고단2235

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 4, 2012, the Defendant made a false statement to the effect that “A victim C requires medical treatment costs resulting from liver cancer.”

However, in fact, the defendant did not go through liver cancer, and even if he borrowed money from the victim, he did not have the intention or ability to pay it.

The Defendant, by deceiving the victim as such, received KRW 58,500 from the victim’s account of community credit cooperatives under the name of the Defendant on the same day, and received KRW 2,14,700 from around that day to September 13, 2012, as described in the [Attachment Table 1] through 10, total sum of 10 times from around 2,14,70 as the above method, was remitted to the account of the above community credit cooperatives.

2. On December 26, 2012, the Defendant filed an application for cash service of KRW 500,000 with the victim’s modern card numbers, passwords, resident registration numbers, passwords, and the authentication numbers received in letters, etc., which he/she became aware of while living together with the victim, using the aforementioned mobile phone using the cell phone that the victim C opened his/her cell phone under the victim’s name and used it to the Defendant, and transferred KRW 500,000 deposited with the new bank account in the victim’s name while living together with the victim, to the account of community credit cooperatives in the name of the Defendant using the personal identification number, and security card numbers.

In addition, from around that time to December 8, 2013, the Defendant received a total of KRW 37,061,000 from 21 times, including application for card cash services, credit card loans, and termination of insurance contracts, by inputting the victim's information using the ARS center, such as the No. 11 to 31.

Accordingly, the defendant acquired financial benefits equivalent to 37,061,00 won by inputting the data of the victim without authority into the computer or any other information processing device.

Summary of Evidence

1. Partial statement of the defendant;

1. C. The witness;