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(영문) 대구지방법원 김천지원 2014.02.13 2013고단1636

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant 500,000 won against B who applied for compensation, and 500,000 won against D who applied for compensation.

Reasons

Punishment of the crime

1. "2013 Highest 1636";

A. On July 28, 2013, the fraud Defendant posted on the Internet L bulletin board at the KPC located in Kimcheon-si J, Kimcheon-si, a false statement stating that “If a 500,000 won is transferred to an enterprise bank account in the name of within 50,000 won, the Defendant will confirm it and send a 5 mobile phone to the 5 mobile phone.”

However, at the time, the Defendant only intended to transfer only the money to the victim, but did not actually intended to sell the mobile phone, so even if he received the money of 500,000 won, he did not have the intention or ability to sell the said mobile phone.

The Defendant received KRW 500,000,000 from the victim’s bank account in the name of the Defendant on the same day as the sales price of the mobile phone from the victim, and received KRW 3,540,000 in total from July 28, 2013 to August 7, 2013 in the above manner, including the transfer of KRW 50,00 from the victim’s bank account as the sales price of the mobile phone.

B. On November 2012, 2012, the Defendant violated the Electronic Financial Transactions Act: (a) on the Internet L bulletin board in NPC located in the Seocho-si Kimcheon-si, the Defendant called the phone number as indicated in that writing to make a passbook and cash card in the name of the Defendant and to transfer to 150,000 won; (b) around that time, the Defendant opened a post office account (O) in the name of the Defendant at the post office in front of Kimcheon-dong, Kimcheon-dong, Kimcheon-si, and made the passbook and cash card; (c) transferred the passbook to male and female using a high-speed bus in the number omitted; and (d) transferred a text message to him/her by using the serial bus in the bus terminal in the Kimcheon-si, Kimcheon-si, Kimcheon-si, and notified his/her password by using that text message.

Accordingly, the Defendant transferred the means of access to electronic financial transactions.

2. The Defendant of the 2013 Highest 1677, Jul. 6, 2013