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(영문) 광주지방법원 2015.12.10 2015고단4043
컴퓨터등사용사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On February 2, 2015, the Defendant: (a) received a proposal from a person who was named in the name of the Defendant to “to withdraw and deliver cash deposited from the victim of the license; (b) consented to the use of the Agricultural Cooperative Account under the name of the Defendant; and (c) conspired with the person who was named in the name of the Defendant to withdraw the money deposited from the victim.”

On February 24, 2015, the name-free person misrepresented the prosecutor's office and misrepresented the victim D with telephone to check whether he/she is a victim because he/she opened an account by stealing the name of the person E in the broad city. It is necessary to check whether he/she is a victim. The balance of the account should be transferred to another account in order to prevent any further deduction. The name-free person shall open the SCB bank account and transfer money to the said account. The victim shall be safe to transfer money to the said account.” The name-free person misrepresented the victim to open and transfer the SCB bank account, and made the victim enter the account information by accessing the fake public prosecutor's office site.

On February 24, 2015, at around 12:23, 2015, the person under whose name the victim was accused, entered the victim's account password, etc. in the data processing system, such as computer, using the victim's account information acquired by deceiving the victim, without authority, and arbitrarily transferred KRW 20 million from the victim's SC Japan bank account to the agricultural bank account (Account Number F) in the victim's name, and the defendant released KRW 20 million deposited as above to the non-resident.

Accordingly, the defendant, in collusion with the person with poor name, entered the victim's account information into a computer or any other information processing device without authority, thereby acquiring economic benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes for transfer certificate;

1. The grounds for sentencing under Article 347-2 and Article 30 of the Criminal Act for the pertinent Article of the Criminal Act and for the choice of punishment [the scope of recommending punishment] systematic fraud (the amount less than 100 won).

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