사기
A defendant shall be punished by imprisonment for one year.
Punishment of the crime
The defendant, in collusion with the name-free winners, intended to take charge of cash withdrawal by receiving the money acquired through e-mail hacking from the defendant's account to the defendant's account.
Pursuant to the above plan, on October 19, 2016, the name influenite knew of the fact that the victim was obligated to pay D by hackinging the e-mail related to the transaction between the victim C and the Korean partner D in England, and then falsely misrepresenting the D president E and the regular manager of the business, and then sending the e-mail to G who is the representative of the victimized company “if our company account was settled, then it would have changed the amount to be remitted to A’s bank account.” On November 25, 2016, the name influenite transferred the e-mail to A’s bank account (H) from the damaged person to the National Bank account in the name of A (15,075,321 won), and received the remittance of USD 17,359,99, Dec. 9, 2016 from the damaged person.
As a result, the Defendant, in collusion with the name-free winners, received the transfer of USD 30,238.45 ($ 35,821,600) in total from the victimized company in total two times.
Summary of Evidence
1. Partial statement of the defendant;
1. A witness I and each legal statement of the J;
1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;
1. Statement made to the prosecution by the J in the protocol;
1. Partial statement of each protocol concerning the examination of the suspect against the defendant;
1. Statement in the police statement protocol against I, F, and E;
1. The application of each of the Acts and subordinate statutes in his/her financial transaction, including a detailed statement of deposit and withdrawal transactions, each pre-examination inquiry (No. 11 and 12), the e-mail received by C, internal report (English e-mail translation), C’s e-mail translation, the receipt received by C, the false receipt sent by the victim to G, the e-mail sent by the suspect to G, the investigation report (the amount remitted by C Company), and the application of each of the following:
1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;
1. The sentencing of selective sentence of imprisonment is to be imposed.