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(영문) 부산지방법원 2014.02.05 2013고단6972

사기등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around August 30, 1991 to August 30, 2012, the Defendant had been working as an employee in charge of D accounting in Busan Dong-gu, Busan, and had overall control over the business of receiving and withdrawing funds, such as the hospital revenue, expenditure, and the deposit account in the name of the victim E, the head of the hospital, and the bank account in the name of the victim E, with intent to acquire money from the victim’s account by transfer of money from the victim’s account or use credit cards without permission.

1. Computer, etc. fraud;

A. On November 29, 2004, the Defendant transferred from the F of the Korean Bank (victim E) to the above hospital office using a telephone device to enter illegal orders, such as the victim’s ID, password, and security card password, into the Internet banking information processing device of the Korean bank without authority, and made a data processing to transfer KRW 2,00,000 from the above bank account of the victim to the bank account in the victim’s name, and then obtain pecuniary benefits equivalent to the same amount from the time to September 17, 2012. The Defendant processed data to transfer money without authority to the account in the name of the Defendant or the Defendant’s husband, such as the list of crimes (1) of the attached Form No. 563,727,734 won in total over 563 times.

B. On October 12, 2004, the Defendant transferred from the H (former I and Victim E) of our bank from the above hospital office to the Internet banking service of our bank by accessing the telephone machine to the Internet banking service of our bank, without authority, input an unlawful order, such as the victim's ID, password, security card code, etc. from the Internet banking information processing device of our bank, and process information to transfer KRW 150,000 from the above bank account of the victim to the account of community credit cooperatives in the name of the defendant, and then acquires property profits equivalent to the above amount from around that time. < Amended by Act No. 11413, Mar. 30, 2012>