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(영문) 서울중앙지방법원 2015.06.19 2015고단1803

사기등

Text

Defendant

A Imprisonment with prison labor for a year and six months, for a defendant B, for a period of ten months, and for a defendant C, for a period of six months, respectively.

except that this shall not apply.

Reasons

. include;

1. 각 수사보고 피의자들 소지 통장에 금액 입금자들 피싱 피해자로 확인, 피의자 Q 등에 통장구입자 A으로 확인, 압수한 통장 등 입금자 특정, 피해사실 확인 종합, 피의자 C 휴대폰 채팅내용 첨부, 피의자 F 사용 휴대폰'위챗 대화내용 첨부, 피의자 AE에 부 BG 명의 계좌 특정, 통장판매자들이 제출한 판매통장에 입출금 거래내역 등 첨부, 피의자 AB 거래내역 첨부

1. A report on internal investigation (a detailed statement on confirmation of damage and details of transactions by transfer of victims to persons who have deposited money in the sold passbook);

1. Application of Acts and subordinate statutes concerning police seizure records;

1. Relevant legal provisions on criminal facts* Defendants : Articles 347(1), 30 (Joint Fraud) of the Criminal Act * Defendant A: Articles 347-2, 30 (Use of Computer, etc.), 347(1), and 30 (Fraud) of the Criminal Act; Articles 49(4)1, 6(3) and 6(1) of the Electronic Financial Transactions Act * Defendant B: Articles 49(4)1 and 49(2), and 6(3) and 6(3)1 of the Electronic Financial Transactions Act (Transfer of Access Media)3 (Transfer of Access Media) of the Electronic Financial Transactions Act

1. Article 40 and Article 50 of the Criminal Act (with respect to a crime of violating the Electronic Financial Transactions Act)

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (Defendant A and B);

1. Article 62 (1) of the Criminal Act (Defendant C) of the suspended execution;

1. Probation and community service order (defendant C) Article 62-2 of the Criminal Act;

1. The scope of recommendations for sentencing under Article 48(1)1 of the Criminal Code of Confiscation * Defendant A - System fraud 1 (less than KRW 100 million) basic area (one year to six years) * Defendants B and C - System fraud 1 (less than KRW 100 million) - Special mitigation area (one year to two years) - The instant crime of this case, which was determined to be simple sentence, is the acquisition of the money of the victim by means of the so-called Bosphishing method, and is a crime committed in light of the fact that the criminal law is organized planned intelligence.