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(영문) 울산지방법원 2016.10.11 2015고단2367 (1)
사기
Text

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

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

Reasons

Punishment of the crime

In using and managing the means of access, no one shall transfer or acquire the means of access, receive or demand compensation unless otherwise specifically provided for in any other Act, and receive or lend the means of access.

Nevertheless, the Defendant sent two physical cards related to the passbooks in the name of the Defendant to receive KRW 4.5 million in return for sending them, and around September 9, 2015, around the Defendant’s house located in Ulsan-gu B and 201, provided one physical card (C) linked to the Defendant’s name bank account and one (E) linked to the Defendant’s bank account in the name of the Defendant to F, and lent the means of electronic financial transactions to F, while promising for consideration by providing one physical card (E) linked to the bank account in the name of the Defendant.

Summary of Evidence

1. Each prosecutor's interrogation protocol concerning G, H, and F;

1. Each police interrogation protocol against F, G, I, Defendant, and H;

1. Records of seizure and the list of seizure;

1. Each report on investigation;

1. Application of the title of case, list of seized articles, list of records, written opinions, and the Acts and subordinate statutes of the title of case;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, including the fact that the means of access leased by the Defendant was used for the scambling of F, etc., and the Defendant again committed the instant crime even after having been suspended from indictment for the same kind of crime once, and that the Defendant was an initial criminal without any previous conviction.

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