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(영문) 대구지방법원 김천지원 2017.05.31 2016고단1395
컴퓨터등사용사기방조
Text

A defendant shall be punished by imprisonment for six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On August 2015, the Defendant received a proposal from a person in a name-free mobile phone to “to transfer cash of KRW 30 million to an account under the name of the Defendant, and to a person designated by the person in a name-free will receive this to give 600,000 won in return for the receipt of the proposal.”

around 10:30 on August 12, 2015, the Defendant informed the victim's account number to the above person in non-name, made a false statement as if the victim C was an employee of the prosecutor's office of public prosecutor's office as he/she was an employee of the prosecutor's office, and then, he/she identified the password, etc. of the victim's account by allowing the victim to enter financial information, such as the password, serial numbers of the security card, etc., on the website of the false prosecutor's office, and transferred KRW 30 million from the bank (Account Number D) account in the name of the victim using the above financial information from August 13:00 to the national bank (Account Number D) account in the name of the victim.

Then, the person under whose name the defendant had withdrawn the above KRW 30 million from the defendant, and then demanded that the person under whose name the person under whose name the person under whose name the defendant was named, return the above amount to the defendant. On August 12, 2015, around 13:48, the defendant withdrawn the above amount from the point where the National Bank river basin located on the river of Gwangjin-gu Seoul Special Metropolitan City, which was located on August 13:4, 2015.

As a result, the Defendant aided the Defendant’s account in the name of the victim by means of inputting the information without authority into the data processing device such as a computer and making the data processing, and aiding and abetting the Defendant to commit the crime of infinites by withdrawing the amount of damage from the account and making the amount of damage to the account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes, such as account details;

1. Relevant provisions of the Act concerning facts constituting an offense;

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