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(영문) 창원지방법원 통영지원 2016.08.17 2016고정278
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Criminal facts

1. The defrauded: (a) was a person who sent and receives fees from alcohol addicts, etc. in Gyeongsung-gun to a hospital; (b) was to assist the victim C, who is alcohol addicts, in registering the recipients of basic livelihood security; and to obtain the supply and demand cost to be deposited in the account in the victim’s name; (c) on December 21, 2015, the ri-dong High Military Agricultural Co., Ltd. posted the copy of the passbook in the name of the victim on the screen of Masung-gun, Kim Sung-gun, Kim Sung-gun, Inc., stating that “the copy of the passbook is required at the time of applying for basic livelihood security recipients, to submit it to the Myeon Office instead of the Myeon Office, and return it.” The defrauded obtained the passbook from the victim, i.e., the victim, by putting the passbook linked

2. Around December 22, 2015, the Defendant violated the thief and Electronic Financial Transactions Act: (a) discovered a password by stating that “where a hospital is hospitalized, a password shall be recorded on the back of the passbook if the password can be forgotten,” by telephone to the victim; (b) around February 29, 2016, the Defendant collected the password from the head office of Gosungsung-Seoul, Seoul, the head office located in Gosung-Eup, Kim Sung-dong, Seoul, around 2016, entered the passbook acquired by deceiving C in the automatic withdrawal machine managed by the Nonghyup, and divided the password into three occasions; (c) withdrawn KRW 930,00,000, which is the victim’s possession deposited in supply and demand expenses; and (d) withdrawn KRW 481,00,000,000,000,000 from the above head office of the Agricultural Cooperative on March 19, 2016 through the following method; and (d) withdrawn it over three times at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Details of criminal complaints, data replies regarding applications filed by recipients of basic livelihood security and deposit transactions;

1. Application of Acts and subordinate statutes on CCTV data replies;

1. Relevant laws and Articles 347(1) and 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines, respectively, Article 49(2)5 of the Electronic Financial Transactions Act;

1. The aggravated Criminal Act for concurrent crimes.

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