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(영문) 의정부지방법원 2015.10.08 2015고단3140

전기통신금융사기피해방지및피해금환급에관한특별법위반

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 26, 2015, the Defendant acquired financial information, such as the account number and the OPT from the victim C to the Korean Standards Bank Account (Serial D) in the name of the Defendant’s account and conspired to withdraw the money in cash, through a tentatively named “Sphishing,” in which the Defendant received money from an investigative agency and telephone station against many and unspecified persons, by misrepresenting them with the victim’s name, and transferred money arbitrarily from the victim’s account to the Korea Standards Bank Account (Serial D).

On the 27th day of the same month, the above false statement was made to the effect that "the victim's cyber investigation team is access to the Internet site designated by the victim because the victim's personal information has been leaked, and the account number, password, etc. is entered." The victim entered information, such as the No.C. and the OP number, etc., in the Internet site managed by the victim's name, and then transferred KRW 48.9 million from the above No.C. bank account in the victim's name to the above Korean Standards D.C. bank account in the victim's name by entering the No.C. number, etc., identified as above in the computer and other information processing device.

As stated in an application for changes in indictment filed on October 8, 2015, “the defendant withdrawn the above amount” appears to be obvious clerical error in light of the proceedings of the instant pleading, etc., the Defendant’s deletion ex officio is to be made.

Accordingly, the defendant acquired financial benefits equivalent to the above amount by making data processed by inputting information without authority into a computer or any other information processing device in collusion with a person with poor name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to written confirmation of transfer results;

1. The relevant Article of the Criminal Act and Articles 347-2 and 30 of the Criminal Act concerning criminal facts are deemed to constitute a crime of violating the Electronic Financial Transactions Act with reasons for sentencing.