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(영문) 수원지방법원 성남지원 2016.05.25 2016고단638
컴퓨터등사용사기방조
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On July 2015, the Defendant would give KRW 1 million under the name of the first police officer and KRW 5 million under the name of the loan, by telephone from the name of the first police officer (title B) in order to find money deposited in the account under the name of the Defendant.

" Upon receipt of the proposal, the above-mentioned person accepted the proposal even though he knew that he was using the Defendant's account in the crime, such as singing, etc.

On July 13, 2015, around the calendars in Dongjak-gu Seoul Metropolitan Government Nowon-gu, the Defendant: (a) sent C a bank account (D) and a driver’s license under the name of the Defendant; (b) had C take the above account number and driver’s license in the cell phone to transmit it to the victim E; (c) had the victim E face-to-faced on the same day; (d) was a plan to transfer the deposits of the victim to Internet banking by using the victim’s national bank account information, etc.; and (d) even if the fact was not the prosecutor’s office investigator but the fact was to be a plan to transfer the deposits of the victim to the Internet banking by using the victim’s national bank account information, etc., “The Busan District Public Prosecutor’s Office investigator is the Busan District Public Prosecutor, and as such, the amount deposited in the account of the victim has been confirmed in the large Gamb

A false statement was made by accessing the National Bank website and affixing a stamp with an official stamp, and requesting to inform the OTP password.

In order to identify the resident registration number, official identification number, security card password, and the OTP password from the victim by deceiving the victim as above, and to enter the victim's information without authority, the victim transferred KRW 40 million from the national bank account in the name of the victim to the company bank account in the name of the defendant from the national bank account in the name of the victim to the company bank account in the name of the defendant.

Accordingly, the defendant could easily commit the crime of fraud by using a computer, etc., in which the above person who did not know his name has gained pecuniary benefits from the victim.

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