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(영문) 서울중앙지방법원 2016.11.08 2015고단6131 (1)
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

No one shall transfer or acquire any means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of access.

Nevertheless, on March 24, 2015, the Defendant received a proposal from I who became aware of himself as a business partner at the time of carrying on the cosmetics manufacturing business. “The Defendant would make one KRW 50,000 per day of lending the passbook.” On or around the 23th day of the same month, Gangnam-gu, Seoul, one passbook connected to the bank account in the name of the Defendant in the area of active duty service, one check card, two passbook connected to the foreign exchange bank account in the name of the Defendant’s father K K, and two passbooks connected to the company bank account in the name of the Defendant, and three passbooks, such as two passbooks, two physical card cards, and three copies to I, and the way of access. On or around the 24th of the same month, the Defendant transferred the name of 3rd bank account in the name of the Defendant, 2rd bank account in the name of the Defendant, 2rd Bank account in the name of the Defendant, 3rd Bank account in the name of the Defendant, 3rd Bank account in the name of the Defendant’s 2rd Bank.

Accordingly, the Defendant promised to receive KRW 50,000 per day from I and transferred 10,00 to 10,000 each of the recipient of the means of access as above.

Summary of Evidence

1. Each police interrogation protocol of the accused, I, and P;

1. Data for opening accounts and details of transactions;

1. Application of Acts and subordinate statutes to investigation reports (report on the analysis of large accounts and attachment of organized materials used by suspects);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The Criminal Act among concurrent crimes.

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