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(영문) 춘천지방법원 원주지원 2017.09.08 2016고단1167
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2016 Height 1167] No person shall transfer or take over any access medium unless otherwise specifically provided for in other Acts in using and managing the access medium.

Nevertheless, from May 21, 2016 to February 2 of the same month, the Defendant sent a copy of the cash card in the Agricultural Cooperative Account (B) in the name in the name of the Defendant to the non-dissatisfy from the cross-city bus terminal located in the original city level from around May 21, 2016, and transferred a financial institution’s access medium by informing the non-satisfy of the password using the Kakao Stockholm.

[2017 Highest 183] The Defendant and the victim C are between the Defendant and the victim from January 1, 2015.

On April 2015, the Defendant made a false statement to the effect that, using the Kakao Stockholm message, the Defendant “on the part of the Defendant’s residence located in the Republic of Korea, the Defendant would have repaid the Defendant with the money to the effect that “I wish to repay the debt with the money, I would like to collect and repay the money.”

However, at the time, the defendant did not have the intention to marry with the victim, and there was no fixed income due to the absence of a certain occupation, and there was no intention or ability to complete payment even if he borrowed money from the victim due to the burden of bonds equivalent to approximately KRW 80 million.

The Defendant received KRW 10 million from the damaged party, through the E’s bank account (F) of the E on April 17, 2016, and KRW 20 million from the same account around the 21st day of the same month, respectively.

Accordingly, the defendant was given a total of KRW 30 million by deceiving the victim.

Summary of Evidence

[2016 order 1167]

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. A trading statement (2017 Height 183);

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

1. Statement made by the police against C;

1. Complaint;

1. Kakao Stockholm messages;

1. Details of transactions in gold accounts, application of Acts and subordinate statutes on loan certificates;

1. Relevant provisions of the Act concerning facts constituting an offense;

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