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(영문) 부산지방법원 2018.04.19 2017고단5776
사기등
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

Punishment of the crime

1. The Defendant, on December 9, 2016, transferred the right to sell the NAP, regardless of the NAP, to the Internet NAV bulletin board.

The phrase "" was posted, and the victim B, who reported and contacted, will transfer the Kafbook's authority to the victim B when "8 million won is remitted."

The phrase “ makes a false statement.”

However, the defendant did not have the intention or ability to transfer the right to deposit money to the victim, even if he received money from the victim, because the defendant did not have the right to deposit money, regardless of whether he had the right to deposit money.

Nevertheless, the defendant deceivings the victim as above and acquired 80,000 won from the victim to the Busan bank account (D) in the name of C at around 22:26 on the same day from the victim.

2. The Defendant was aware of the fact that E sought a bank account to be used for committing the Internet fraud, and from December 9, 2016 to May 15, 2016, the Defendant: (a) delivered to E a e a e a e-mail card connected to the Busan Bank account in the name of the Busan Bank account (D); and (b) obtained 900,000 won from E under the pretext of transfer of Kafer’s authority by using the said account.

Accordingly, the Defendant was aware of the fact that E commits the crime of fraud, thereby facilitating the morale of E by providing the above account.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of interrogation of each police suspect against the accused and E;

1. Each police statement made to C, G, H, and I;

1. Application of Acts and subordinate statutes to search and inspection warrant and reply materials;

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (the point of fraud and the choice of fines), Article 347(1) and Article 32 of the Criminal Act (the point of aiding and abetting fraud and the choice of fines);

1. Article 32(2) and Article 55(1)3 of the Criminal Act mitigated for aiding and abetting (with respect to aiding and abetting fraud)

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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