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(영문) 서울동부지방법원 2016.09.08 2016고단1710
컴퓨터등사용사기방조
Text

A defendant shall be punished by imprisonment for not more than ten 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 June 20, 2015, the Defendant: (a) heard the statement that “The head of the SBI Savings Bank will grant a loan to our employees on face of the passbook and resident registration certificates”; and (b) knew that the bearer was willing to use the Defendant’s account in order to deal with illegal money acquired by telephone fraud, etc., the Defendant provided the account of the SCB Bank (C) to the bearers.

On June 26, 2015, at a place where a location cannot be known, an employee of the telephone financial fraud on his name (hereinafter referred to as "scam") called to the victim D and opened a passbook in the name of the party. The same shall apply to the Seoul Central District Public Prosecutor's Office (hereinafter referred to as the Seoul Central Public Prosecutor's Office) that has leaked the personal information of DC, and there is a possibility that the money of the passbook may be withdrawn. As the installment savings is terminated, and the bank amount of the passbook shall be transferred to the passbook and the bank amount shall be KRW 50,000,000,000,000 won shall be created. Next, the amount of the passbook and the bank account number and password shall be connected to E, a site of the public prosecutor's office, and the victim entered the victim's account number and password by accessing the above fake Public Prosecutor's office.

On the same day, on the 13:14th day, a victim’s personal financial information acquired as above was entered on the Internet website, and the victim’s personal financial information was transferred from the account of community credit cooperatives in the name of the victim to the account under the above defendant’s name.

The Defendant, in order to assist the Defendant in committing the crime of fraud using the aforementioned computer, etc., the Defendant, at the point of SCB Bank, whose location is unknown, withdrawn in cash the amount of KRW 48 million that the Defendant transferred to the Defendant’s account from the point of SCB bank to the Defendant’s account, and sent the amount to the Defendant’s personnel in the name of the Defendant.

Accordingly, the defendant does not have authority to the computer or any other information processing device.

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