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(영문) 서울중앙지방법원 2016.03.23 2015고단1506
사기등
Text

Defendant

A Imprisonment with prison labor of one year and six months, Defendant B imprisonment with prison labor of one year and three months, and Defendant C shall be punished by imprisonment with prison labor of ten months.

(b).

Reasons

Punishment of the crime

[The record of crime, etc.] On January 24, 2013, Defendant A was sentenced to one year of imprisonment for fraud at the Busan District Court, and was released on October 28, 2013 at the Busan Detention House on the parole on the execution of the sentence and passed on December 27, 2013.

Defendant

B On November 29, 2013, the Busan District Court sentenced one year and eight months of imprisonment for fraud, etc. at the Busan District Court on August 14, 2014, which was paroled on August 14, 2014 during the execution of the sentence, and passed on November 3, 2014.

Defendant

C On May 28, 2015, the Busan District Court was sentenced to the suspension of the execution of the imprisonment of 8 months for embezzlement in the Busan District Court's Dong Branch on August 5, 2015, and the judgment became final and conclusive on June 5, 2015.

[Defendant A, B, and C] 2015 Highest 1506

1. No person who violates the Electronic Financial Transactions Act shall lend, store, deliver or distribute access media with the knowledge that such media is to be used for a crime or to be used for a crime;

Nevertheless, at around 17:45 March 10, 2015, the Defendants conspired to keep access media used in electronic financial transactions, such as the passbook 6, physical card 4, and cash card 4, in the name of another person, as shown in the attached Table 1 re-written list for the crime of fraud, in the vehicle for the Defendant’s use of SM5 riding on the street located in the front of the Yeongdeungpo-gu Seoul Metropolitan City Sung-gu Sung-gu Sungdong Hospital for the first time.

2. The Defendants conspired to receive money from sales proceeds from one person who wants to purchase through one-person passbook after posting a letter that they sell goods, such as clothes, electronic apparatus, etc., on the Internet site NAVV, and then to obtain money from them.

On March 6, 2015, the Defendants posted an advertising letter “Scomcom Doz Hague Doz Doz chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip, and reported it to the victim M who contacted with the Defendant.”

(b).

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