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(영문) 대전지방법원 2015.05.12 2015고단630

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months.

Defendant

A Of the instant charges against A, violation of the Electronic Financial Transactions Act.

Reasons

Punishment of the crime

Defendant

A decided on November 26, 2013, at the defendant's house located in Seosan-dong E and 202, the victim F provided that "it is possible to pay a lot of money to the victim's house in which he/she performs his/her own scrap metal funeral, and will pay a profit if he/she makes an investment."

However, Defendant A did not have experience in doing so, and there was no specific plan for doing so, so even if Defendant A received investment money from the victim, it was impossible to divide the profit by doing so.

Nevertheless, Defendant A received KRW 10 million from the victim’s bank account in G (Account No. H) around that time, and received KRW 10 million from the victim’s bank account in the same manner from around that time to April 21, 2014, as described in the list, and acquired the victim’s total sum of KRW 90 million from the victim’s bank account in the following manner:

On November 26, 2013, the summary of the evidence of KRW 10 million in total of KRW 10 million in the said account, on January 2, 2014, 2014, 20 million in the NongHyup account in the name of G on January 2, 2014, 20 million won in the said account. < Amended by Presidential Decree No. 25075, Feb. 12, 2014; Presidential Decree No. 25758, Apr. 8, 2014; Presidential Decree No. 25778, Apr. 21, 2014; Presidential Decree No. 2570, Apr. 21, 2014>

1. The defendant A's partial statement

1. Statement of the police statement concerning F;

1. A copy of a bankbook;

1. Application of the statutes of the detailed statement of transactions in free savings;

1. In light of Article 347(1) of the Criminal Act that does not agree with the victim of the reason for sentencing, the balance of punishment with other cases in which concurrent crimes are concurrent crimes, a sentence entered in the text shall be sentenced, comprehensively taking into account the relevant legal provisions as to the crime.

The summary of the charge of violation of the Electronic Financial Transactions Act against the Defendants in the part of innocence is that no one transfers or acquires the means of access for electronic financial transactions. However, Defendant A opened from Defendant B, who was known to the general public around January 20, 2014, in Hosan-dong, Seosan-dong, Seosan-dong.