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(영문) 서울중앙지방법원 2015.08.28 2015고단2510
전기통신금융사기피해방지및피해금환급에관한특별법위반등
Text

Defendant

A Imprisonment with prison labor for two years and for eight months, respectively.

Defendant 1, 3, 5, 7, and 8 of seized evidence.

Reasons

Punishment of the crime

1. Defendant A’s fraud by using computers, etc., and the fraud: (a) committed fraud by using computers, etc.; or (b) committed fraud in order to participate in telecommunications-based financial fraud by taking advantage of financial information of another person through a disguised website of a financial institution; (c) taking advantage of other person’s financial information through misrepresentation of the government agency; and (d) taking the direction of F, G (the management of domestic passbook collection books, and withdrawal books) which is the Chinese total responsibility in Korea; or (c) withdrawing the damaged amount deposited in the large passbook and transfer it to China; and (d) taking charge of participating in telecommunications-based financial fraud.

The organization of telecommunications-based financial fraud is an organization that commits telecommunications-based financial fraud by installing a malicious code on another’s computer and inducing access to a fake financial institution website, by misrepresenting a person in charge of technical management to seize financial information, by sharing each role as a telephone team in charge of collecting financial information, a telephone account and cash card recruitment team, a team in charge of withdrawal of damages and remittance team, and operating each team in the form of an occupation organization, and by transferring money from the accounts of victims to acquire money.

On March 31, 2015, the above telecommunications-based financial fraud organization’s name unrecognating staff assumes a phone call to the victim H located in Gansi-si, thereby misrepresenting the Seoul Central District Inspection Officer, and falsely making the victim enter financial information, such as the security card number and password of the national bank account in the victim’s name, by allowing the victim to enter the financial information, such as the victim’s security card number and password, into the victim’s bank account. On the same day, 4,30,000 won deposited in the above account by unauthorized access to the victim’s national bank account without authority.

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