(영문) 대전지방법원 2016.04.20 2015고단3317 (1)

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(영문) 대전지방법원 2016.04.20 2015고단3317 (1)

컴퓨터등사용사기방조

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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant called a name in the phone of a person who was not killed in the name of the defendant, and notified the name influence of the Saemaul Treasury's account number in the name of the defendant.

On July 3, 2015, 2015: 12:31 Victim C calls to the public prosecutor's office, requiring the victim to enter financial information, such as the personal information of the victim, the account number and password of the new bank account (D) of the victim, and transfer KRW 47 million from the new bank account in the name of the defendant to the above Saemaul safe account in the name of the victim, by inducing the victim to enter the financial information of the victim, such as the victim's personal information, the account number and password.

After being transferred in KRW 47 million to the above Saemaul Bank account as above, the Defendant continued to withdraw KRW 10 million from the counter of the Saemaul Bank on July 3, 2015, 12:56 on July 3, 2015, and KRW 14:54 on the same day at the counter of the Saemaul Treasury, 10 million on the same day, and KRW 5 million from the counter of the Saemaul Bank, Gangnam-gu, Gangnam-gu, 15:38 on the same day, and KRW 16:08 and KRW 16:10 on the same day, using a cash withdrawal machine installed at the seat of the said Saemaul Bank, at around 16:00,000 with its own check card at around 16:0,000,000 won.

As a result, the Defendant provided the account in the name of the Defendant in order to defraud the 47 million won from the victim, and received the remittance of the amount of damage, and made it easy to commit the crime by sharing the withdrawal act.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Certificate of confirmation (the defendant and his defense counsel only withdrawn and transfer the money deposited in their own account at the request of a person who has no name in order to obtain a loan, and there was no intention to assist the crime of fraud;

One of the arguments is that the reasons why the said money was withdrawn and transferred and the subsequent process is very exceptional in light of the general financial transaction.

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