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(영문) 서울서부지방법원 2016.06.15 2016고단649
컴퓨터등사용사기방조
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around July 22, 2015, the Defendant received a proposal from an employee who provides false telephone finance fraud assistance to “to offer KRW 2.50,000 in return for the withdrawal of money deposited in the above account,” and knowingly accepted the proposal that the above account will be used for the crime of fraud, referring to the name of the Defendant, and notified the account number (B) and its password of the national bank account number in the name of the Defendant and its password.

On July 23, 2015, an employee in charge of telephone financing fraud in the above name refers to the victim C by phone call from the victim C on the 10:02 on July 23, 2015 to the police and the prosecution, and falsely speaking to the victim as "the person D was arrested, illegal circulation passbook was seized," and the victim's access to the site (E) of the false prosecutor's office, leading the victim to enter the account number, authentication number, etc. in the victim's name, and discovered the victim's financial information by inducing the victim to enter the account number, authentication number, etc. in the victim's name. On July 23, 2015, the employee used the above information to identify the victim's financial information

30 million won has been transferred to the national bank account (B) in the name of the defendant.

The Defendant, along with his personal telephone financial fraud assistance staff, is waiting in the vicinity of the sand of the National Bank located in Seodaemun-gu Seoul on the same day. As above, when the victim’s deposit was transferred to the National Bank account in the name of the Defendant, around 1:59 on the same day, he withdrawn 33 million won from the sand inside the above National Bank’s sand inside the above National Bank and delivered it to the name-free telephone financial fraud assistance staff.

Accordingly, the Defendant, by lending the national bank account under the name of the Defendant to the employees of the non-named telephone financial fraud assistance, and withdrawing and lending the cash deposited into the above account, made it easy for the Defendant to commit the fraud of the above non-named persons.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (the response to financial information from a national bank and the nominal A telephone statement);

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