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(영문) 대전지방법원 2018.06.01 2018고단685
사기등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2018 Highest 685"

1. The Defendant from around February 6, 2018

2. 8. B B B between the bordering day, each of the passbook(Account Number:D) in the name of the Defendant, and one of the security cards, leased to the above C the access media, after promising to pay KRW 80,000 per account on a face-to-face loan from C in front of the convenience store in the West-gu in the presidential war.

2. On February 14, 2018, the Defendant promised to lend an account from C to pay KRW 800,000 per week account in the vicinity of the large exhibition medium-gu cambling bridge, and, after promising to pay KRW 80,000 per week account, one check connected to the Defendant’s one bank account under the name of the Defendant (number: D).

3. On February 17, 2018, the Defendant: (a) called with C at an unspecified place; (b) promised to pay KRW 800,000 per account if the account was leased from the said C; and (c) lent one bank account number (E) in the name of the Defendant who is an access medium; and (d) lent the access medium by telephoneing the account number (E) and the password of the said account to said C.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning the interrogation of suspects by each prosecutor with regard to C;

1. Police seizure records;

1. Application of Acts and subordinate statutes to the photographs of seized articles, a bank account statement;

1. Articles 49 (4) 2 and 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of Punishment, Articles 49 (4) 2 and 6 (3) 2 of the same Act applicable to the crime and the Selection of Punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant lent a passbook, etc. over several occasions for the purpose of receiving money, and that the Defendant’s lending account was actually used for the phishing fraud crime, etc. is disadvantageous.

However, the execution of a sentence shall be suspended in consideration of favorable circumstances, such as the fact that the defendant is the first offender, there is no profit actually acquired, the fact that it is against the mistake, and the fact that he is leading to the entry.

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