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(영문) 서울중앙지방법원 2016.11.30 2016고단6578 (1)

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 31, 2016, the Defendant made a false statement to “A victim D, who works for the general secretary of the said private teaching institute, at the office of a private teaching institute operated by the Defendant in the branch of the Gyeonggi-gu branch of the Gyeonggi-gu branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the school.”

However, in fact, the Defendant received the head of the Tong and the e-mail card from the victim and transferred it to the needy person who became aware of through the SNS, and there was no intent to use the said head of the Tong and the e-mail card as the account for the purpose of paying deposits for the operation of the private teaching institute.

Nevertheless, the Defendant, by deceiving the victim as above, obtained a physical card connected to the victim's nominal bank passbook (E) from the victim and acquired it by deceit.

2. No person who has violated the Electronic Financial Transactions Act shall lend the means of access while promising to use and manage the means of access;

Nevertheless, around August 31, 2016, the Defendant: (a) received the proposal that “The Defendant would give KRW 3 million per month to a person who leased the passbook,” which was known in the “Maone Star Program,” which is a mobile phone SNS; (b) on September 1, 2016, on September 1, 2016, the Defendant issued three copies of the instant new bank passbook, D company bank passbook, and national bank passbook and three copies of the physical card connected to each of the above accounts, respectively, to the Kwikset service article who sent the above-mentioned names in front of the building in the YC in the YC in the YC of Gyeonggi-si, the Makset service provider around September 14, 2016.

As a result, the Defendant promised the payment to lend the means of access for electronic financial transactions.

Summary of Evidence

1. Each legal statement of the defendant and F;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Article 347(1) of the Criminal Act for criminal facts (the point of fraud) and Articles 49(4)2 and 6(3) of the Electronic Financial Transactions Act.