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(영문) 대구지방법원 포항지원 2020.03.13 2020고정27
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On October 16, 2019, the Defendant was sentenced to eight months of imprisonment for a crime of fraud, a crime of violating the Telecommunications Business Act, and a crime of violating the Electronic Financial Transactions Act. On November 8, 2019, the said judgment became final and conclusive.

In collusion with B, the Defendant did not have two household members, and did not have intention or ability to sell money, and the Defendant provided three account numbers in the name of C, a relative of the Defendant to receive money from the victims, and B, using the computer and mobile phone device, puts up a writing on selling two household members, etc. on the medium and high trade bulletin board on the Internet website, and did not draw up the money transferred to the victims by withdrawing the money transferred from the victims.

1. On June 2, 2019, the fraud B against the victim D was transferred KRW 50,000 to the account in the name of C on the same day to the victim, on the ground that: (a) on the F bulletin board, B posted a letter stating that “The two household members are sold Spain prone; and (b) on the part of the victim D who reported and contacted, sent the price to the victim D; and (c) received KRW 550,000 from the account in the name of C on the same day.

Accordingly, the defendant received property from the victim in collusion with the victim B.

2. The fraud B against the victim G refers to the date, time, place, and place described in paragraph 1; if the victim G puts up a letter stating that “the traffic card is purchased” on the Internet H H website used in the middle and high trading bulletin board, and contact the victim and send a 1.440,000 won to the victim, it will send 12 traffic cards.

“Falsely speaking, the victim was transferred KRW 1,440,000 to the account in the name of C on June 3, 2019.

Accordingly, the defendant received property from the victim in collusion with the victim B.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. A written statement of G and D;

1. Each petition, statement of conversation, certificate of transfer, warrant reply, each data reply, statement of transfer; and

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