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(영문) 의정부지방법원 고양지원 2013.05.31 2012고합442
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

A defendant shall be punished by imprisonment for two years.

3 points of the seized mobile phone (Nos. 1 through 3), US$100, 50.

Reasons

Punishment of the crime

On November 15, 2012, a person who has failed to name (hereinafter referred to as “D”) confirmed the fact that there was an import amount that the victim company should pay to F by e-mail hacking between the dissolved goods distribution company in the U.S. (hereinafter referred to as “E”) and the trading company in Korea (hereinafter referred to as “F”) with “G” (hereinafter referred to as “G”), and between G (hereinafter referred to as “H”) and H (hereinafter referred to as “H”), and then, he sent an e-mail sent to H that “the revenue amount account was changed to the company bank account in the name of I. As such, the said e-mail sent to H that “the company account was deposited to the company bank account in the name of the victim,” and that it received approximately KRW 528,2010 ($ 205,528,526,528) from H to the company bank account in the above I’s name designated by H.

As a result, D was delivered property by deceiving the victim company.

The Defendant informed D of the fact that the victim company intended to receive the revenue amount that the victim company would pay to F, known D of the I bank account in its name, received necessary documents from D to withdraw the money deposited in the said account, and delivered I of the money that I withdrawn to D through the documents, thereby aiding and abetting the victim company to commit the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) of D.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of a witness I;

1. Examination of suspect of I by the prosecution (one time);

1. Each police statement to J and K;

1. K’s petition;

1. A copy of the passbook of an enterprise bank, e-mail transaction statement, passport copy (M), foreign exchange transaction statement, product invoice (COMERCALINVICE), a request for change in the remittance, and a request for change in the application for transfer;

1. Records of seizure and the list of seizure;

1. The investigation report (as regards the airline tickets held by the suspect), the investigation report is carried by the suspect.

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