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(영문) 대법원 2015.12.10 2015도11458
컴퓨터등사용사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Regarding the assertion of misapprehension of legal principles as to joint crime committed by using computers, etc., the lower court, based on adopted evidence, found the Defendant and his accomplice to the Financial Supervisory Service against an unspecified number of people, and conspired to commit a crime by using information to transfer such information to another person’s deposit account in the name of another person who prepared the balance of the victim’s account if the person entered the information on the website built by the Defendant’s daily day to prevent secondary leakage. The Defendant intended to take the role of withdrawing cash from the deposit account in which the damaged funds were transferred or receiving the means of access such as passbook or cash card to be used and delivering it to other accomplices. ② At the time of the instant crime, the Defendant and his accomplice received cash withdrawal from the Defendant and his accomplice at the time of the instant crime: The Defendant sent the means of access to the Defendant’s bank account in the military and Daegu Daegu City to take the role of withdrawing cash withdrawal in preparation for arresting him/her at the time of the instant crime; ③ The Defendant, on 15th day after the Defendant was arrested by the police bank in the name of the victim’s accomplice on July 16, 15th day.

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