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(영문) 서울서부지방법원 2014.08.13 2014고정1278
컴퓨터등사용사기
Text

The Defendants shall be exempted from punishment.

Reasons

Punishment of the crime

Defendant

A sentenced to imprisonment of one year and six months at the Seoul Western District Court on October 22, 2013 with prison labor for fraud by using computers, etc., Defendant B, who was sentenced to imprisonment with prison labor for three years and six months at the same court, was confirmed on October 30, 2013. On January 24, 2013, in collusion with Nonindicted Party C, the victim D attempted access to the Nonghyup Internet Bank website, and led the victim to enter the security card number, security card number, serial number, account number, password, resident registration number, etc. necessary for Internet banking.

On January 27, 2013, the Defendants, using the victim’s husband E financial information, received the victim’s her husband’s f financial information, received KRW 1,10,000 from the Nong AF account under the victim’s her husband to the H account in the name of Non-Indicted Party G, and acquired KRW 1,20,000 from the Japanese bank J account in the name of Non-Indicted Party I on the same day.

Summary of Evidence

1. Defendants’ legal statement

1. Protocol concerning suspect interrogation of C;

1. Statement of D police statement;

1. A petition for E works;

1. A copy of a bankbook;

1. The statement of the results of transfer management by the Nonghyup Bank;

1. An application for transaction;

1. A list of transactions;

1. Application for a bank transaction;

1. Previous records: Criminal records and application of statutes governing judgment;

1. Article 347-2 and Article 30 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

1. The latter part of Article 37 and Article 39(1) of the Criminal Act (where judgment was rendered at the same time as the crime of fraud by the use of computer in the judgment which became final and conclusive, it seems that no more severe punishment would have been imposed even if the crime of this case is included therein, and that the Defendants were exempted from punishment in this case);

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