beta
(영문) 서울동부지방법원 2013.11.21 2012고단457

컴퓨터등사용사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On April 18, 2008, the Defendant was sentenced to nine months of imprisonment for fraud, etc. at the Suwon District Court on December 24, 2008 and the parole period expired on January 23, 2009.

【Criminal Facts】

1. Computer, etc. fraud;

A. On September 2010, the Defendant, upon receipt of a request from the victim B to enter and leave the bank account, sent the credit card in the name of the victim to the Korean bank account, and received the credit card in the name of the victim.

9. From July 26 to November 26, 198, a victim’s bank security card, etc. used by the Internet banking company, applied for cash services of KRW 20 million on four occasions through the Internet banking, and was transferred to the Defendant’s bank account and a new bank account.

Accordingly, the defendant acquired financial benefits equivalent to KRW 20 million by inputting information into a computer or any other information processing device without authority.

B. On September 30, 2010, the Defendant received a credit card from a new bank under the victim’s name for the purpose of paying off and withdrawing company funds, and did not allow the victim to obtain a credit card loan under the victim’s name. However, on the same day, the Defendant applied for a loan of KRW 8 million through Internet banking through the Internet bank’s data, etc., and received a transfer from the Defendant to the Defendant’s bank account.

Accordingly, the defendant acquired financial benefits equivalent to KRW 8 million by inputting information into a computer or any other information processing device without authority.

C. On October 5, 2010 and November 26, 2010, the Defendant applied for the Internet cash service of KRW 6.6 million in total using a new bank credit card, etc. under the above victim’s name, and received transfer from the Defendant’s bank account.

Accordingly, the defendant input information without authority into a computer or any other information processing device and makes it processed.