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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal records] On August 13, 2015, the Defendant was sentenced to one year of imprisonment for fraud at the Jeonju District Court, and completed the execution of the sentence at the Jeonju prison on May 20, 2016.
[2018 Highest 1622]
1. No person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium unless otherwise specifically provided for in any other Act in using or managing the access medium;
Nevertheless, on December 30, 2016, the Defendant asked B, prior to the post office in the Kim Jong-dong, to “B to create one passbook because it is difficult to open a bad credit account,” and received B’s account passbook (Account Number C) and its check card from B that accepted.
Accordingly, the Defendant acquired the access media of financial institutions.
2. On May 4, 2017, the Defendant made a false statement to the victim F, who was in contact with the Defendant on the Internet E-site at Kim Jong-si, as if he sold the aforementioned mobile phone to the victim F, who was in contact with the Defendant, 7 128G Track sales, but the Defendant did not have any intention or ability to sell the said mobile phone.
The Defendant received KRW 1,300,000 from the injured party on May 4, 2017 and KRW 300,000 from the 111th of the same month to the post office account (G) account in the name of the Defendant, as described in the attached list of crimes from around that time to February 2 of the same month, and acquired the money by transfer from the 4 injured party in total by the above method as shown in the attached list of crimes.
[2018 Magallon 1670] On March 17, 2018, the Defendant made a false statement that “S8 Plus” would be sent to the victim H who had contacted by gallon lus by putting on the Internet E the word “gallon jus” and sent KRW 520,000 to the victim H.
However, even if the defendant receives money from the injured party, he did not have the intention or ability to immediately send the above mobile phone to the door-to-door.
The defendant belongs to this.