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(영문) 대구지방법원 포항지원 2018.01.12 2017고정327

사기등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall issue instructions for transactions in electronic financial transactions or transfer any electronic means of access, such as cash cards, which are electronic financial cards, used to secure the authenticity and accuracy of users and the details of transactions;

Nevertheless, on February 2014, the Defendant paid KRW 1 million on the face of the head of the Tong and one million on the face of the head of the Tong who will open the Internet and receive the stolen goods from the person in the name of the deceased.

Upon receipt of a proposal to the effect that “the bank account (B) in the name of the Defendant was opened and at that time transferred the passbook and check card to the name in the account.”

2. The defendant and the person who is not entitled to the name stated in paragraph (1) shall be paid KRW 300,000 in cash when he/she subscribed to the Internet, television, etc.

On March 8, 2014, the advertising victim M&, who installed the Internet, etc. as if he faithfully pays the Internet fees, and then acquired cash goods by fraud. On March 8, 2014, the Internet, etc. was installed around March 10, 2014 by requesting the Internet, Internet, Internet telephone, and Internet TV subscription from the above victim company at the time of distribution to the above victim company. < Amended by Act No. 12568, Mar. 10, 2014>

However, in fact, the defendant and the above person did not have the intention or ability to pay the Internet fee to the victim company.

As a result, the defendant's name infinites conspired to deception the victim company, and then, around March 17, 2014, he acquired 300,000 won from the victim company to the corporate bank account (B) account in the name of the defendant.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Complaint;

1. Application of the statutes requesting provision of communications data;

1. Article 347(1) and Article 340 of the Criminal Act regarding criminal facts, the choice of punishment, and Article 49 of the Electronic Financial Transactions Act.