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(영문) 광주지방법원 순천지원 2015.08.27 2015고단1166

전기통신금융사기피해방지및피해금환급에관한특별법위반등

Text

A defendant shall be punished by imprisonment for three years.

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

The defendant has attempted to withdraw money by taking part in the Bophishing organization that defrauds money from many unspecified persons by misrepresenting them to investigative agencies or financial institutions by telephone, and deliver it to the general responsibility of the Bophishing organization.

1. On April 30, 2015, at around 14:00 on April 30, 2015, the name influor of the organization that caused the victim D to commit a crime, the victim called “the Seoul District Public Prosecutor’s Office investigator, who was in the victim’s name, was used for a crime,” and said that “the name, resident registration number, bank account number, and password were entered and the OTP number was changed.”

In order to enter the name, resident registration number, bank account number and password of the victim on the Internet website of the above fake Public Prosecutor's Office, and to enter the above information of the victim acquired by the above method without authority through Internet banking on the same day at around 14:23 of the same day, the victim transferred KRW 28 million from the new bank account under the name of the victim to the account of community credit cooperatives in the name of the defendant, KRW 6.3 million from the new bank account under the name of the defendant, KRW 6.3 million from the new bank account under the name of G to the new bank account under the name of the defendant, and KRW 6.3 million from the H to the new bank account under the name of the defendant. At around that time, the defendant received the above order from I, which was given by the defendant, and withdrawn KRW 28 million from the nearby community credit cooperatives around

Accordingly, the defendant, in collusion with name-free boxes or I, has a victim enter information or orders into a computer or other data processing device for the purpose of telecommunications-based financial fraud, and input information or orders into a computer or other data processing device using the data of the victim, and at the same time, is authorized to the computer or other data processing device.