사기등
Defendant shall be punished by a fine of KRW 3,500,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[2018 High 434] On February 5, 2017, the Defendant posted a notice to the effect that the Defendant would sell LG G4 Handphones from “LG 4 Handphones” using smartphones at the Defendant’s home, the Daejeon Seo-gu, Daejeon.
If you send money to the victim C (41 3,00) who believed and contacted this, you will send the goods.
was made.
However, the defendant did not have the intention or ability to send goods.
Accordingly, the Defendant, at around 23:10 on February 6, 2017, was issued 60,000 won to one bank account E in the name of D from the victim.
[2018 fixed 435] No person may borrow or lend any access medium with a demand or promise to receive compensation, unless otherwise expressly provided for in other Acts.
Nevertheless, on May 2016, the Defendant was contacted to the effect that 200,000 won will be paid for the use fee per week from a person who was in the name of the police officer, and around 15:00 on the same day, he sent to Kwikset one copy of the Postal Card connected to the post office account (F) in the name of the Defendant in front of the Dong-gu, Daejeon, Daejeon, to Kwikset, and notified the person who was in the name of the deceased.
Accordingly, the defendant paid a price for an access medium to electronic financial transactions.
Summary of Evidence
[2018 High Court Decision 434]
1. A protocol concerning the examination of partially the police officers of the accused;
1. C’s statement;
1. Report on internal investigation (the phone call of the person under suspicion and victim), investigation report (the telephone call of the party under whose name the account holder stands), and report on internal investigation (the telephone call of the party under whose name the account holder stands);
1. A protocol concerning the examination of the police officers of the accused;
1. Statement of the police statement related to G;
1. Application of Acts and subordinate statutes on account transactions;
1. Relevant legal provisions of the Criminal Act and Article 347(1) of the Criminal Act (the point of fraud, the selection of fines) regarding criminal facts, and Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act (the point of lending access media and the selection of fines);
1. Aggravation concurrent crimes;