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(영문) 수원지방법원 평택지원 2019.10.25 2019고단467
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around April 11, 2018, the Defendant made a false statement to the effect that “The Defendant would have repaid money to another person. If the Defendant borrowed KRW 200,000,00,000 to another person, he/she would have repaid the money after this mold.”

However, the defendant did not have property at the time, and his debt exceeded KRW 10,000,00,000, and most of the money received from the victim was thought to be used as payment of existing debts or living expenses, so there was no intention or ability to pay the money even if it was received from the victim.

As such, the Defendant, as well as from September 3, 2018, received a total of 7,250,000 won, from around 16 times, from the time to September 3, 2018, by deceiving the victim and receiving 200,000 won from the victim’s seat.

2. In using and managing a means of access, no person who violates the Electronic Financial Transactions Act may receive, request or promise to receive, request or lend a means of access, unless otherwise specifically provided for in any other Act;

At around December 25, 2018, the Defendant received a proposal that “a loan may be granted. If the records of transactions remain, the Defendant sent the physical card to him/her. When sending the physical card, he/she shall deposit the loan and return it on the following day.” On December 26, 2018, the Defendant issued Kwikset-si and D, a physical card connected to the E-bank account (Account Number:F) in the name of the Defendant, and issued the personal seal to his/her name, via Kwikset-based service.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and G;

1. Application of Acts and subordinate statutes to each investigation report (H reply / E bank warrant reply details and confirmation of details of transactions);

1. Criminal facts;

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