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(영문) 서울서부지방법원 2013.04.03 2013고단232

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, along with the false statements in the name of the International Internet Monitoring Fraud Group, sent false e-mail to the victim company, which is the business partner, by hackinging the e-mail of the company’s employees, and by doing so against the victim company, who is the business partner, as if he were the employee of the above company, and conspired the Defendant to receive the price of the goods remitted by the victim company as the account opened and being used by the victim company.

1. On August 26, 201, the Defendant sent the e-mail (F) to the e-mail (E) used by the head of the CE overseas business division D without permission and opened a similar e-mail (F) with the above e-mail with the above scambling box, and then, sent the e-mail to the victim G, who is the scambling trader of C, as if the said D sent the e-mail to the h’s foreign exchange bank account in the H’s name, as if the said D sent it to the said e-mail transaction company.” On September 14, 2011, the Defendant acquired USD 27,311 from the victim to the H’s foreign exchange bank account (I) operated by the Defendant.

2. On December 21, 201, the Defendant sent the e-mail to the e-mail account (K) used by J Co., Ltd. to the victim L, the other party to the transaction of J Co., Ltd. as if he sent the e-mail to the said e-mail to the effect that “the amount of Akhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhn to the foreign exchange bank account in the name of H, as he sent the e-mail to H, and acquired USD 12,150 from the victim on December 30, 201.

Summary of Evidence

1. Statement of D police statement;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to each request for communications data;

1. Article 347(1) and Article 30 of the Criminal Act applicable to the facts constituting an offense;