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(영문) 수원지방법원 2018.04.04 2018고단349
사기등
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, on July 17, 2017, was working for the Defendant, who was in heading Dong-gu B building B in Suwon-si, Suwon-si, Seoul, on July 17, 2017.

C At the office of a stock company, a private victim D, saying, “I will lend money to a private victim D to the outside of living expenses on the wind of the accident.”

However, in fact, the Defendant had approximately KRW 32 million personal debt, and even if he borrowed money from the injured party, he did not have any intent and ability to repay money to the injured party.

Defendant deceiving the victim as above and received 400,000 won from the victim to the account in the name of the Defendant on the same day as the loan money, as well as by defrauding 7 million won in total five times from October 30, 2017, such as the list of crimes, from the time to October 30, 2017.

2. The Defendant was in possession of the thief in advance at the cash withdrawal season managed by the National Bank of the Victim Co., Ltd. in Young-gu, Young-gu, Young-si, Young-si on October 27, 2017.

D Using the NH Investment Securities CPC card in the name of the victim, withdrawal of KRW 3 million in cash owned by the victim was stolen.

3. Around October 27, 2017, the Defendant used a computer, etc.: (a) entered the NH investment securities body card in the name of a national bank located in Young-gu, Young-gu, Young-si, Dong-si, with no authority, in a cash withdrawal machine in the name of the victim D; and (b) entered a password known in advance in the cash withdrawal machine; (c) transferred KRW 3 million to the company bank account (E) in the name of the Defendant; and (d) obtained financial benefits equivalent to KRW 3 million by having the information processed by inputting it without authority into the information processing device, such as a computer, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Inquiry into the results of transfer, the account transaction ledger, the Kakao Stockholm conversation, and the body card photograph;

1. Application of the Act and subordinate statutes of the Investigation Report (As a result of confirmation of suspect credit information, etc.)

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