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(영문) 서울중앙지방법원 2014.04.23 2014고단88
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

Around March 2013, the Defendant and the person who was unaware of the name of the Defendant: (a) hacking e-mail (E and F) used by C representative director D, an exporter of fire-fighting valves, at an irregular place; and (b) conspired to receive money from the Defendant through the account opened by the Defendant after sending a false e-mail that the transaction account for payment of the import amount was changed to the e-mail used by an overseas importer, which is traded with the said domestic exporter.

Thus, the above person under whose name the victim's account was sent e-mail to G, which is similar to the e-mail account used by the representative director D, etc. by hackinging e-mail and F used by the above e-mail representative director D, etc. over several occasions at e-mail places, etc. from around April 2013 to April 19, 2013, and then changed to the e-mail account used by the above D, etc. and then changed to the e-mail I personnel account of the victim H in the transaction with the above e-mail account, which is similar to the e-mail account used by the above D, etc., to transfer the price of goods to the above KS bank account opened by the defendant. Accordingly, the above person under whose name the e-mail sent approximately KRW 17 million ($ 97,208) from the victim H on April 24, 2013.

Accordingly, the defendant, in collusion with the person who was not aware of the name, received the money from the victim through the above deception and acquired it by fraud.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Written statements;

1. Details of each e-mail, certified transcript of corporate register, personal entry and departure status, and remittance details;

1. Application of the Acts and subordinate statutes to the investigation report (report on the confirmation of CCTV data in the cash withdrawal of the K Exchange Bank Account of a stock company);

1. The judgment of the defendant and his defense counsel regarding the pertinent Article of the Criminal Act and Articles 347(1) and 30 of the Criminal Act regarding the selection of criminal facts and the assertion of the defendant and his/her defense counsel, and the defendant and his/her defense counsel related to the sale and purchase of second class clothes from

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