2016 Highest 186 Computer, etc.

A person shall be appointed.

South Korean style (Public Trial) (Public Prosecutions) and original vessel (Public Trial)

Attorney B (Korean National Assembly)

April 22, 2016

A defendant shall be punished by imprisonment for one year.

Criminal facts

[Basic Facts] On March 6, 2015: Around 15: 18, 2015: A person whose personal information was leaked to the victim C, and the account of the victim was used for committing the crime. The victim’s account was exposed to the crime and the victim’s account could be withdrawn. The victim’s account is false to the purport that “When entering information on the victim’s account by accessing the website known to him/her, it would protect the victim’s deposit.” This means that “The victim’s account will be entered,” the victim’s account number and the corresponding identification number were entered, and the victim was sent from the victim’s new bank account in the name of the victim C to the national bank account in the name of the defendant at around 18:00.

In addition, in the same day, the person under whose name the victim was unawared by telephone to the victim D in the same manner on the same day, and the victim D had the victim D access to the homepage of the fake Public Prosecutor's Office, and then had the victim D enter the account number and the corresponding password of the victim's name, and received an OTP security card number from the victim, and then transferred the above information from the SC bank account under the victim D's name to the national bank account under the defendant's name at around 20: 15:20,000 won.

[Criminal Facts]

Although the Defendant knew on March 6, 2015 that the money deposited in the account of the National Bank in the name of the Defendant was deposited in the Bophishing crime, the Defendant withdrawn KRW 56 million from the Defendant’s Seongbuk Branch of the National Bank in Mapo-gu Seoul Metropolitan Government 38-ro 14, and then released KRW 18:50,000,000,000,000 to the employees of Bophishing 86,000,000 won, including withdrawing KRW 30,000,000 from the f2-dong branch of the National Bank in Seocho-gu, Seocho-gu, Seoul.

Accordingly, the Defendant, by facilitating the use of computers, etc. by the above, assisted the crime.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police interrogation protocol concerning E or F;

1. Statement to C by the police;

1. Copy of the certificate of transfer transactions;

1. Copies of CCTV photographs;

Application of Statutes

1. Article applicable to criminal facts;

Articles 347-2 and 32(1) of the Criminal Act (Selection of Imprisonment)

1. Statutory mitigation (Accessories);

Articles 32(2) and 55(1)3 of the Criminal Act

1. Aggravation for concurrent crimes;

The reason for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act seems to be against the defendant's wrong, and the fact that the defendant alone does not commit any scaming crime but is merely an aiding and abetting crime is an element for sentencing favorable to the defendant.

On the other hand, the crime of ‘scaming' like the instant case consists of a systematic and planned crime against many unspecified victims, causing serious damage to the majority of unspecified victims, as well as making it difficult to recover damage, and the Defendant took part in the crime of Boscaming, which is highly harmful to society. The Defendant took part in the crime of Boscaming, as it is impossible to complete the crime of Boscam without the role of the withdrawal measures, it cannot be deemed that the Defendant’s criminal liability of the withdrawal measures carried out in the instant crime cannot be deemed to be less severe. The Defendant committed the instant crime without being aware of the fact that he was punished by a fine due to the violation of the Electronic Financial Transactions Act even though he had the record of being punished for the violation of the Electronic Financial Transactions Act on February 2015, and that the victims did not recover damage.

In addition, comprehensively taking account of all the circumstances that serve as the conditions for sentencing as shown in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive and background of the offense, and circumstances after the offense, etc., the sentence shall be determined as per the disposition (the sentencing criteria shall not apply to the Defendant in this case.)

Judge Song Ho-hun