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(영문) 부산지방법원 동부지원 2017.03.30 2016고정1221

사기등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The victim C is the owner of the (ju) D business, and the defendant A was employed at the place.

1. On November 12, 2015, the Defendant made a false statement to repay KRW 1 million per month if he/she lent 10 million to the victim as interest free of interest.

However, the facts did not have the intention or ability to pay the full amount to the defendant.

Nevertheless, by deceiving the victim, 10 million won was issued from the victim and 2 million won was repaid, and 8 million won was acquired through deception.

2. The Defendant concluded an insurance contract that will be invalidated from the beginning and acquired the fee by fraud, without returning the fee even though the insurance contract was invalidated on the grounds of insurance premium arrears, after concluding the insurance contract with three other parties, such as the case E, which is the accused of the Defendant, and received the fee from the Defendant.

No person of the 2016 High 1222 shall lend or lend any access medium with a consideration or promise in using or managing the access medium.

Nevertheless, the Defendant promised to receive 5.7 million won per month in return for lending an access medium, and lent the physical card linked to each account in front of the 1069 Gomar church in the name of the Defendant on March 28, 2016, to the Defendant’s Saemaeul Treasury F, Saemaul Treasury G account, national bank H account, and each account in the name of the Defendant, by sending Kwikset Service.

Summary of Evidence

"2016 High Doz. 1222"

1. Statement made by the police against C;

1. Report on internal investigation (Attachment of Details of transactions in the account of a victim) 2016 High 122;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment of details of account transactions on damage account), investigation reports (Attachment of details of account opening);

1. Relevant provisions of the Criminal Act and Article 347(1) (each fraudulent point) of the Criminal Act concerning the facts constituting an offense, and Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act (each point of lending each access medium);

1. Commercial concurrence;