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(영문) 서울중앙지방법원 2017.05.19 2016고단3478
사기등
Text

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

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

Reasons

Punishment of the crime

On September 12, 2013, the Defendant was sentenced to a suspended sentence of one-year imprisonment at the Seoul Central District Court for a crime of fraud, which became final and conclusive on the 24th of the same month.

1. No person who violates the Electronic Financial Transactions Act shall transfer or acquire any information, etc. used to issue instructions on transactions in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transactions unless otherwise specifically provided for in any other Act;

Nevertheless, on February 8, 2012, the Defendant transferred the passbook, cash card, and password to the national bank account (B) in the name of the Defendant at the seat of the Chowon-dong branch in Seoul Special Metropolitan City, Nowon-gu, to the person under whose name the passbook, cash card, and password, and on February 21, 2012, the Defendant transferred the passbook, cash card, and password to the corporate bank account (C) in the name of the Defendant at the corporate bank at the seat of the new disease control branch in Dongjak-gu, Seoul Special Metropolitan City.

2. The defrauded did not have any intent or ability to operate a mobile phone sales store. On February 2, 2012, the Defendant received a proposal from three persons without his/her name, who borrowed the name in order to store a mobile phone, and accepted it, and thereafter, leased the office located in Gwanak-gu in Seoul Special Metropolitan City (Seoul Special Metropolitan City) with three persons without his/her name, and then registered the mobile phone sales store with the name in this office.

around 15:00 on February 20, 2012, the Defendant stated that the Defendant would pay the victim F with the false name boxes in the above E store, and that the Defendant was the president of the above store, and that the above false statement was made as if the Defendant were an employee, and that the Defendant would pay the price if he were to supply the mobile phone.

However, in fact, the defendant does not actually operate the above mobile phone sales store, but even if he receives a mobile phone from the injured party by being excessively paid to the president of the inner name.

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