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(영문) 대전지방법원 2015.08.13 2014고단3479
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Fraud;

A. A. On June 26, 2014, the Defendant used the victim’s computer from the “Epiced” operated by the victim D in Sejong C, to pay the user fee from the “Epiced” to the victim’s “to pay the user fee as the capital card applied in the face of the State allowing the victim to use the epiced bank.” By July 18, 2014, the Defendant used the said epiced computer.

However, at the time, the Defendant had never received certain income or assets, and had no credit card or loan-related card applied, but had deceiving the victim and had the victim use the credit card or loan-related card so that the victim would be forced to use it.

After all, the Defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 1,294,80,00.

B. On June 29, 2014, the Defendant: (a) by deceiving the victim to the effect that “a person would repay the money to him/her as he/she borrowed the money from the capital card that he/she applied for,” while using the said bank on credit; (b) obtained a total of KRW 135,000 from several occasions until July 10, 2014, and acquired it by defrauding the victim.

2. Around July 8, 2014, the Defendant: (a) received a cell phone from the victim D, the owner of the computer, etc., to the effect that “the mobile phone was stopped; (b)” the Defendant: (c) obtained a total of KRW 1,35,000 from the Defendant’s account by entering information without authority into the information processing system at seven times from July 17, 2014, by purchasing KRW 230,00 from the victim’s cell phone to the sales site of cultural products; and (d) subsequently, in purchasing KRW 230,00 by accessing the sales site of cultural products products using the cell phone, and transmitting the price to the Defendant’s account so that the Defendant would be able to use the cell phone; and (e) obtained a total of KRW 1,35,000 from the victim’s account by entering the information without authority into the information processing system by the same method.

Summary of Evidence

1. Defendant's legal statement;

1. D, F, G, and H.

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