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(영문) 서울중앙지방법원 2017.07.21 2017고단3433
사기등
Text

A defendant shall be punished by imprisonment for six months and a fine of 1,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer or acquire any passbook account, check- card, password, etc., which is an access medium, in using or managing any access medium;

Nevertheless, when the Defendant’s account transaction was suspended on February 7, 2016, the Defendant obtained a single bank account (C) and password, and a certified certificate from female job offering B.

2. Around March 14, 2016, the Defendant entered the Defendant’s residence located in Jung-gu Seoul Metropolitan Government Down 504, with the Internet NABC, and then posted a letter “sale of multi-party cleaning machine” and sent money to E to the victim who reported and contacted, first sending money to E.

However, the defendant did not have the aforementioned cleaning machine and did not have the intention or ability to sell the cleaning machine even if he did not receive money from the damaged party.

The Defendant received 430,000 won from the damaged party to the one bank account (F) in the name of B as the sales proceeds of the same day.

The Defendant, including that, received a total of KRW 3,140,000 from March 7, 2017 to April 2, 2017 by the same method as in attached Table 11, such as the list of crimes (1).

Accordingly, the defendant was informed of the victims to receive property.

3. From March 1, 2017 to April 24, 2017, the Defendant visited the Internet gambling site G using computers at the Defendant’s dwelling located in Seoul Jung-gu D and 504.

Defendant 1 deposited KRW 50,00 in the account in the name of the (state) emergency company designated by the above site operator as the gambling fund deposit account, and deposited KRW 50,00,00 in the corresponding game money and displayed the result on the “one-choice game”, which is the number selection game provided at the above gambling site.

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