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(영문) 의정부지방법원 2017.02.08 2016고단5302
컴퓨터등사용사기방조등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant, who violated the Electronic Financial Transactions Act, proposed that he would give KRW 5 million per head of a Tong if he/she transferred a passbook, etc. from a person in a name in an unspecified manner. On February 2, 2015, the Defendant transferred one head of the foreign exchange bank (Account Number: D) through the bank (Account Number) in his/her name, one of the bank (Account Number: E) through the bank (Account Number) and two of the physical cards, and the passwords to the person in an unspecified name.

2. The Defendant: (a) knew of the fact that a passbook, etc., which was transferred to a person with no name, could be used for committing a crime of Bosing; (b) transferred the passbook, etc. at the same time and place as the above paragraph (1).

As a result, on February 12, 2015, when the victim F was aware of the victim's account information as the victim F will subscribe to the mobile phone call service, etc., the victim's account information was transferred from the victim's Samsung Securities Account to the above foreign exchange bank account, and KRW 6,030,000 in total from the victim's Samsung Securities Account to the above bank account, and KRW 12,050,000 in total.

Accordingly, the defendant had a person who has no name receive information from a computer or any other information processing device without authority to obtain financial benefits equivalent to the above money by making him/her obtain information processing.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the F;

1. Application of Acts and subordinate statutes that describe account transactions details;

1. Article 49 (4) 1, Article 6 (3) 1 (a) of the Act on Electronic Financial Transactions (a transfer of an access medium), Article 347-2, and Article 32 (1) of the Criminal Act concerning facts constituting an offense (a use of a computer, etc.) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (which shall be between the crimes of violating the Electronic Financial Transactions Act);

1. Selection of each sentence of imprisonment;

1. Article 32(2) and Article 55(1)3 of the Criminal Act (with respect to aiding and abetting the use of computers, etc.) for statutory mitigation;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the Defendant has access to a financial account athhh on April 5, 2010.

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