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(영문) 서울중앙지방법원 2015.10.01 2014고단8263
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On November 11, 2014, the Defendant was sentenced to the Seoul Central District Court for two years of probation on the grounds of fraud, etc., and the said judgment became final and conclusive on February 24, 2015.

【Criminal Facts】

1. No person who has violated the Electronic Financial Transactions Act shall obtain any means of access by means of transfer, taking over or giving compensation therefor, or lend any means of access in return for any compensation;

Nevertheless, around July 9, 2014, at the entrance of the central market in Seo-gu Incheon, Seo-gu, Incheon, the Defendant was paid KRW 2,00,000 per month in return for the loan of passbook from the person in default of name. The Defendant lent the means of access, such as the passbook of the post office account (B) and the check card, to the person in default of name through Kwikset service.

2. A theft Defendant: (a) around 23:00 on September 15, 2014, on the street in front of Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu; (b) through a window opened a e-gpacker car parked by the victim D, the Defendant stolen with one 1,50,000 won in cash, which is the victim’s possession of the said e-gpacker’s instant car: (c) 20,000 won in cash; (d) one e-gpacker card; and (e) one 1,000,000 won in market

3. On September 15, 2014, the Defendant, in violation of the Specialized Credit Financial Business Act, purchased goods equivalent to KRW 8,000 in total, such as horses, sheeps, drinking water, tobacco, etc., within the Gmaart located in the Nam-gu Nam-gu Seoul Metropolitan City, Yan-gu, Yan-si, and subsequently presented to the victim who was an employee’s failure to use his/her name as if he/she had legitimate right to use his/her corporate bank card, which was stolen from D, as described in paragraph (2) of the aforesaid Article, and subsequently wrongfully used the stolen credit card by obtaining the goods equivalent to the above price from the victim.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Each statement of H and D;

1. Verification of replies, photographs, copies of receipts, requests for appraisal of the scene of the crime, requests for fingerprinting, and fingerprinting matters regarding the request for financial transaction information;

1. A previous conviction in judgment:

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