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(영문) 대전지방법원 2016.08.25 2015고단4014

전기통신금융사기피해금환급에관한특별법위반방조등

Text

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

2. The applicant for compensation shall be dismissed;

Reasons

Punishment of the crime

"2015 Highest 4014"

1. On July 17, 2015, the Defendant of aiding and abetting the Violation of the Act on the Prevention of Damage to Telecommunications Finance and the Refund of Damage (hereinafter referred to as the “Act”) was aware of the intent to give compensation to the Defendant by informing him of the bank account number in the name of the Defendant and finding out the money deposited in the account from his name. While considering the fact that he could commit a phishing by using the bank account in the name of the Defendant, the Defendant was aware of the fact that he could do so by using the bank account in the name of the Defendant.

Accordingly, on July 17, 2015, when a name-free person calls a victim D to the prosecution investigator, he/she misrepresented him/her to the prosecutor's office investigator. "At the time of entering information as a result of the disclosure of information by viewing that the deposit account in the name of DC was used for crime, and by accessing the site of the public prosecutor's office known to the public prosecutor's office, he/she would safely protect the deposit because the information was leaked," and then the victim allowed the victim to enter the account number and password of the company bank in the name of the victim, enter the victim's account number and password in the name of the victim, and verbally speaks the OP number. On the same day, he/she transferred 50,500 won in total from the above account of the victim to the one bank account in the name of the defendant.

around 15:07 on the same day, the Defendant withdrawn 25 million won out of the above damage amount deposited into the Defendant’s single bank account at a point in the vicinity of the Seo-gu, Daejeon, Seo-gu, Seo-gu, Daejeon, in accordance with the direction of the person who was killed in the name. On the same day, around 15:35 on the same day, the Defendant withdrawn 27.5 million won of the remaining damage amount deposited at the same point in the Jung-gu, Daejeon, Daejeon, Seo-gu, Daejeon, and delivered it to the person who was not aware of his name.

Accordingly, the Defendant had the victim enter the financial transaction information into a computer or any other information processing device for the purpose of telecommunications fraud with a view to acquiring the financial benefits equivalent to KRW 52,500,000,000 in total. The Defendant is authorized to use the financial transaction information acquired by the victim to the computer or any other information processing device.