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(영문) 대전지방법원 천안지원 2017.02.02 2016고단1396

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 11, 2013, the fraud Defendant grants 310,000 won in cash as stolen goods when entering the Internet “LG Internet” website.

In contact with the victim B who operates the Internet entrance center by reporting the advertisement to the purport, the order letter shall be returned from the victim due to the unpaid fees within one year, etc.

“I hear an explanation to the purport, and enter into an Internet subscription contract with the period of coverage of three years as if the applicant would normally pay a fee for one year or more.

However, the defendant did not have the intention or ability to pay the fee normally even if he entered into the Internet subscription contract and received the stolen goods.

Nevertheless, the Defendant, by deceiving the victim, was transferred 310,000 won to the Agricultural Cooperative Account (C) in the name of the victim under the pretext of his or her intention to be admitted from the victim.

2. No person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium in using or managing any medium access to electronic financial transactions, except as otherwise provided for in any other Act;

Nevertheless, the defendant, on October 25, 2013, will buy a passbook to 200,000 won on the Internet.

“To transfer an advertisement to another person by reporting the advertisement and communicating it with a person who is not his name.”

After the same day, in the vicinity of the YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY 43 in South-dong, South-dong 43, transferred one passbook and one physical card connected to the agricultural bank account (C) in the name of the defendant to KYYYYYYYYYYYYYY

Summary of Evidence

1. Statement by the defendant in court;

1. Statement B;

1. In each entry into an investigation report (execution of a warrant of account), an investigation report (a suspect's account analysis, etc.) and a criminal investigation report;

1. The application of Acts and subordinate statutes in which a letter of contract for the provision of goods and a certificate of confirmation of the admission and withdrawal are entered;

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the choice of punishment (the fraud point and the choice of imprisonment) and the Gu.