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(영문) 수원지방법원 2013.04.25 2012고정2110

사기등

Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant,

1. On August 17, 2010, the defendant conspireds to receive 500,00 won and accommodation from the victim company's non-speak-dong branch in Gangdong-gu Seoul Special Metropolitan City to the loan examination staff of the victim company'scheon-dong branch in the name of Gangdong-gu, with "B shall be the director of the material department division of the B company, but the director of the material division of the B company shall not have the intent or ability to repay the money even if he borrowed from the loan, and even if he did not work as the director of the material division of the B company, 3.5 million won shall be loaned from the victim company's account in the name of the defendant (on August 17, 2010, the defendant shall receive 3.5 million won in cash from the victim company and shall acquire it by fraud from the victim company's account in the name of the defendant.

2. In electronic financial transactions, no one may transfer any means of access, such as an electronic form card used to make a transaction request or to secure the authenticity and accuracy of users and transaction details, and other similar electronic information. On August 8, 2010, the recipient transferred the means of access by delivering the original copy of a passbook or cash card connected to the account of the National Bank of the Account Number D, which is opened in the name of the Defendant in the Seocho-gu, Suwon-si, Suwon-si, the Defendant, to the account of the National Bank of the Account Number D, and providing the password to the winners in the name

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Statement to E by the police;

1. A loan transaction agreement, etc.;

1. Application of Acts and subordinate statutes governing the clearance rate list;

1. Relevant legal provisions concerning criminal facts, Article 347(1) of the Criminal Act, Article 49(4)1 of the Electronic Financial Transactions Act, and Article 6(3)1 of the Electronic Financial Transactions Act, and selection of fines;

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

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