beta
(영문) 광주지방법원 2014.01.13 2013고단5533

컴퓨터등사용사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, along with C and D, planned to divide the above money into the Defendant’s bank account by using the victim E’s bank account number (F), password, safety card (security card), execution number (designated number) number, resident registration number, etc. that he/she became aware of in the course of operating the “sports soil” site with C and D.

On August 25, 2013, at around 07:28, the Defendant: (a) sent phone calls to the post office customer center using mobile phone (G) under the name of the Defendant in the Egypt dong-gu, Gwangju; and (b) sent the number and password of the victim’s post office notified by the said C, D, and the security card number to be input in ARS, respectively, from the said post office account to the agricultural bank account under the name of the Defendant; and (c) transferred KRW 500,000 from the victim’s above post office account to the agricultural bank (H) account under the name of the Defendant, around 08:17 on the same day, to one bank account (I) around 00,000 won on the same day; and (d) KRW 570,000,000 from the said post office account to the agricultural bank account under the name of the Defendant, around 08:24 on the same day.

In collusion with C and D, the Defendant acquired financial benefits equivalent to KRW 16.7 million in total by inputting false information or improper order into a computer or other information processing device or inputting or altering information without authority.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of D in the copy of the protocol of suspect examination by the prosecution;

1. Application of the Acts and subordinate statutes stated in each certificate of confirmation of transfer, each report on internal investigation (Comparison of CCTV photographs, etc. of those who have withdrawn the amount of damage), each reply data, seizure data, and investigation report;

1. Relevant Articles of the Criminal Act and Articles 347-2 and 30 of the Criminal Act concerning facts constituting a crime;

1. The reasons for sentencing of Articles 70 and 69(2) of the Criminal Act are planned, organized, and the role and status of the defendant.