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(영문) 대구지방법원 김천지원 2019.08.27 2018고단1264
전자금융거래법위반등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall pay 21.5 million won to B who made an application for compensation.

3.2

Reasons

Punishment of the crime

[Criminal Power] On May 9, 2018, the Defendant was sentenced to imprisonment with prison labor for six months for the obstruction of performance of official duties in the Daegu District Court Kimcheon Branch, and the said judgment became final and conclusive on September 13, 2018.

【Criminal Facts】

No person of "2018 Highest 1264" shall lend a means of access while receiving, demanding or promising any compensation in electronic financial transactions.

Nevertheless, around 10:40 on August 29, 2017, the Defendant listened to the statement that “the Defendant will give e-mail cards to KRW 2.1 million per day after lending 700,000 from e-mail cards to 3 days,” and at around 14:00 on the same day, the Defendant issued a letter of e-mail card connected to e-mail accounts under the name of the Defendant to e-mail (F).

As a result, the defendant promised to receive compensation and lent the means of access to his name in return.

"2018 Highest 1320"

1. The criminal defendant against the victim G is a person who receives a contract for construction works from the owner of the said house at the site of new housing construction works located in the Cheongdo-gun, Cheongbuk-do-gun;

On December 2, 2016, the Defendant subcontracted the electrical construction part of the said house to the victim G, who is an electrical construction business operator, at the construction site of the said new house, to the lower court, stating that “The construction cost shall be paid within 11 million won upon the completion of construction work.”

However, even if the owner receives H-house construction cost from the owner, the defendant was thought to use it in other locations, such as living cost, and there was no intention or ability to pay the construction cost of KRW 11 million even if the victim completes the construction due to the lack of periodical income or assets.

Nevertheless, the Defendant made the victim make a false statement as above, and caused the victim to do electrical construction from around that time to around May 2017, thereby obtaining pecuniary benefits equivalent to the same amount of KRW 11 million.

2. Fraud against the victim C.

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