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(영문) 서울중앙지방법원 2019.11.28 2019고정2052

전자금융거래법위반등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 2018, the Defendant applied for the installation of TV products under the name of the Defendant without the intention to pay the fees, and the Defendant provided the name in the name in the name in the name in the name in the name of the Defendant, and received cash copies from the subscription company, such as the Internet, by providing the passbook to receive the money.

1. Fraud;

A. On March 26, 2018, the Defendant, in collusion with a person under whose name the victim was named, filed an application for subscription to TV (PPS Nos. 47,300 won per month) goods in Jongno-gu Seoul EF (S) under the Defendant’s name by accessing the Internet website (D) operated by the victim B at a non-permanent location.

However, even if the defendant subscribed to the above goods, he/she was intended to receive only a gift that is paid in cash, and there was no intention or ability to pay the fee according to the agreement for three years.

Nevertheless, the Defendant, as such, deceiving the victim as if he were to pay the fee properly, and then acquired 470,000 won from the victim to the agricultural bank account under the name of the Defendant on March 29, 2018.

B. On April 3, 2018, the Defendant, in collusion with a person under whose name the victim G, applied for membership to install TV (TV-DPS) goods on the H 1st floor in Dongdaemun-gu Seoul Metropolitan Government under the name of the Defendant, and agreed to use the goods for 41,800 won per month, and confirmed the Defendant himself with an I mobile phone number in the name of the Defendant.

However, even if the defendant subscribed to the above goods, he/she was intended to receive only a gift that is paid in cash, and there was no intention or ability to pay the fee according to the agreement for three years.

Around April 17:50 on April 4, 2018, the Defendant, by deceiving the victim and believed to be a genuine application for subscription, received money of KRW 400,000 in the name of the Defendant’s title from the victim to the NongHyup Bank account in the name of the Defendant.

2. Violation of the Electronic Financial Transactions Act;