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(영문) 서울북부지방법원 2017.05.26 2016노2373
컴퓨터등사용사기방조
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The summary of the grounds for appeal could have sufficiently predicted that the money that was withdrawn from the passbook under one’s name and was delivered to the person with no name was remitted to illegal days, such as the crime of phishing fraud, etc.

Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.

2. Determination

A. The summary of the facts charged is as follows: (a) the Defendant, despite being aware of the fact that the money withdrawn from the passbook to the effect that “to withdraw money from the passbook and give KRW 1,00,000 at the face-to-face cost” from a person who was not the name of the organization of the telephone finance fraud (hereinafter “Sing”), opened the SC Japan bank account (hereinafter “instant account”) under the name of the Defendant, and conspired with the above Bosing staff, such as: (b) the Defendant, despite being aware of the fact that the money was related to the singing fraud; (c) and (d) the Defendant, under the name of the Defendant, received the order of the person who was not the victim of the sing; (c) withdrawn the amount of damage deposited by the sing victim; and (c)

On January 13, 2015, at around 09:00 on January 13, 2015, 2010, the 2nd head of Tong in the name of the victim was used for the crime while investigating the case of Bosing fraud.

When entering the E site, the circumstances of the case may be verified.

A false statement to the effect that a victim's financial information may have been leaked due to hacking, etc., and thus, it is possible to destroy a security card and an official certificate and obtain an OTP to confirm documents to the effect that two bankbooks in the victim's name were used for a crime by accessing the fabricated site as above, and that the victim was issued with an OTP, and that "the victim must confirm whether illegal funds are deposited into and withdrawn from the victim's name," and that the account password and an OTP number should be known to the victim and induced the victim from damage.

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