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(영문) 대구지방법원 김천지원 2018.09.20 2018고단336
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall lend or lend any access medium while receiving, demanding or promising compensation therefor.

Nevertheless, on March 15, 2018, the Defendant received a proposal from a person without his name, stating that “The Defendant would normally use the e-mail card if he rents the e-mail card, and transfer one million won per card to another,” and around 20:00 on the same day, he included a letter of e-mail card connected to the new bank account (Account Number: C) under the name of the Defendant in an envelope and sent it to a person with no name.

As a result, the Defendant promised to pay the price, and lent the access media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D, police statements of E;

1. Application of Acts and subordinate statutes concerning internal investigation reports (as to the details of reports, the statements made by the victim, etc.), F Trade Statements by banks, A’s trade specifications, branch code of a financial institution, investigation reports (as to the submission of suspect F G dialogue content), victim H-related documents, victim I-related documents, victim J-related documents, and victim K-related documents;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the Defendant’s cream card was used for the scaming crime, and the victim was arrested when intending to withdraw the money deposited by the victim and transfer it to the designated account according to the direction of his name in addition to lending the cream card, and the arrest was made. The Defendant is against the Defendant, the primary offender is the Defendant’s age, the primary offender, and all other circumstances such as the Defendant’s age, sexual behavior, environment, etc. shall be determined as the sentence as ordered

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