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(영문) 서울서부지방법원 2015.08.12 2015고단1486
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 1, 2009, the Defendant was sentenced to six months of imprisonment for a crime of fraud, etc. in the Young-gu Branch of the Chuncheon District Court on September 1, 2009, and the judgment became final and conclusive on September 7, 2009, and completed the execution of the sentence in the Chuncheon Prison on December 16, 2009.

1. The Defendant did not have the intention or ability to work on board the ship as a seafarer even if he received advance payment from the victims.

Nevertheless, on July 27, 2012, the Defendant called the victim C by phoneing it to the victim C, and falsely speaked that “On August 15, 2012, 2012, at the time of departure from Korea, KRW 3 million,00,000,000,000,000,000 to be a seafarer, shall be deposited to D at the time of departure from Korea,” and then, the Defendant acquired money from the victim to the Defendant’s account on July 31, 2012

B. On July 28, 2012, the Defendant called the victim E from the French land to “on August 15, 2012, when he departs from the Republic of Korea, he/she goes on board as a seafarer on August 15, 2012, and deposited KRW KRW 5 million up to December 5, 2012,” and he/she acquired money from the victim to the Defendant’s account on July 31, 2012.

2. On May 29, 2014, the Defendant violated the Electronic Financial Transactions Act: (a) received a proposal and accepted it by telephone from an unqualified person; and (b) thereafter, the Defendant transferred the means of access to electronic financial transactions by opening the same securities G account and H account in the name of the Defendant at the Seoyang Securities and Exchange Center’s office located in the Dongyang-gu Seo-gu Mo-gu Mo-gu Mo-dong Mo-dong Mo-dong Mo-dong Mo-dong Mo-dong Mo-dong; and (c) by displaying the passbook and cash card of each of the above accounts to the needy person using a high-speed bus address.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of each police interrogation protocol against the accused;

1. Statement to E by the police;

1. Written complaints filed in accordance with C and E;

1. Details of the entry and withdrawal trading (a statement of investigation records, 36, 37 pages), financial information reply (A, 2.21, 22 pages of investigation records);

1. Details of transactions (A, 3 books of investigation records, 41, 42 pages);

1. A previous conviction in judgment:

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