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(영문) 서울중앙지방법원 2013.08.14 2013고단3265
사기등
Text

Defendant

A Imprisonment for one year, Defendant B’s imprisonment for six months, Defendant C’s fine of five million won, and Defendant D.

Reasons

Punishment of the crime

1. Defendant A

A. On December 2012, the Defendant: (a) opened an Internet website on which he/she sold gift certificates at 10% to 20%; and (b) received money from many unspecified persons who intend to purchase gift certificates on the said website in collusion with H, which was known to the general public; and (c) intended to receive money from purchase of gift certificates.

H In December 2012, 2012, after opening a “I” site, this writing is written as if a department store store store was sold at 20%. On January 4, 2013, the Defendant visited the above site to sell gift certificates to the victim K who called “J”, a representative telephone number of the site. However, even though the Defendant was aware that the sales price of gift certificates was received by the Defendant, and there was no intent or ability to sell gift certificates to the victim.

Around January 4, 2013, the Defendant received KRW 98,000 from the victim to the national bank account in the name of L, and received KRW 30,323,500 in total from 24 times to 8 January 2013, including the transfer of KRW 98,00 from the victim to the national bank account in the name of L.

Accordingly, the defendant was provided property by deceiving victims in collusion with H.

(b) No person who violates the Electronic Financial Transactions Act shall transfer or acquire a means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction, unless otherwise specifically provided for in other Acts;

Nevertheless, on January 1, 2013, the Defendant acquired the passbook, password, Internet banking security cards (authorized seal certificates), etc., which are the means of electronic financial transactions in the name of B from B, and one bank account (M), from B, at the Indodong, Mansan Island, and one bank account (N).

2. Defendant B, on January 2013, 201, at the Hasan-dong, Hamsan-si, Hamsan-si, Hamsan-dong.

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