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(영문) 서울중앙지방법원 2020.06.24 2018고단8425
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 8, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for violating the Electronic Financial Transactions Act at the District Court on June 8, 2018, and the judgment became final and conclusive on June 16, 2018.

On May 15, 2017, the Defendant made a false statement to the victim B of female-friendly job offering via the Kakakakakakao Kakakao Stockholm on the following grounds: “On the part of the victim B, the Defendant was informed of illegal private soil and paid a fine of one million won. If you came to know of Kamama, it would be a big day. The Defendant is obliged to engage in daily work at the same time.” If you lend money, the Defendant would have to pay the money.”

However, in fact, the Defendant did not have been subject to a fine at the time, and was thought to use the money borrowed from the victim for gambling on the Internet, and was already responsible for a considerable amount of debt, and there was no intention or ability to repay the money to the victim by paying the amount of half of the wages to the lender.

In this year, the Defendant received from the victim a transfer of KRW 50,000 from the victim to the Cbank account (D) in the name of the Defendant at around 21:53 on the same day, and the same year.

4. From October to January 3, 2018 to January 3, 2018, at the places, such as the Seoul Jongno-gu E building, Seoul, where the victim and himself/herself work, stated 15 times in total as stated in the list of crimes, “14 times in total,” but the correction is made ex officio as it is apparent that it is a clerical error.

In the past, he obtained a total of 28,210,000 won and acquired it by fraud.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. Investigation report (the fact that a suspect has used the borrowed money for gambling on the Internet);

1. To refer to the details of deposits in Cbanks, F Bank transaction inquiries, each internal post office's financial transaction statements, inquiries about liquidity transactions, and inquiries about the details of transactions;

1. A copy of the statement of transactions in a passbook, submission of suspect data, Cbank account transactions in the suspect's name, and G Bank account transactions in the suspect's name;

1. Each Kakao Stockholm dialogue.

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