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(영문) 서울중앙지방법원 2013.09.04 2013고정1662
사기
Text

The defendant shall be innocent.

Reasons

1. The Defendant, along with C and D, gathered that he shall hacking the Internet account of the victim E, which is the customer of the U.S. Modern Bank, and shall acquire the cashed assets, such as stocks, etc. contained in the victim’s account.

C: around July 11, 201, 209:25, the victims of New York sent e-mail to the said purport several times until July 15, 2011, including sending e-mail to the Defendant’s account (G) of the Korea Exchange Bank, that “I would like to transfer USD 250,000 to Korea. I would like to transfer USD 250,000. I would have F transfer USD 250,000 to the Defendant’s account of the foreign Exchange Bank established by the Defendant.”

Accordingly, the defendant, in collusion with C or D, acquired US$ 250,000 from the victim.

2. The Defendant asserted that, as it is necessary for the clothing business, pro-Japanese created a business registration certificate and foreign currency account, it was not known that it was used for fraud, such as the facts charged.

It is not enough to recognize that the defendant conspireds to commit fraud as stated in C and D facts charged only by the prosecutor's evidence.

3. According to the conclusion, the facts charged in the instant case are not proven and thus acquitted under the latter part of Article 325 of the Criminal Procedure Act.

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