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(영문) 서울동부지방법원 2016.04.06 2016고정272
컴퓨터등사용사기방조
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 11, 2015, the Defendant would withdraw and deliver the money transferred from the Defendant’s office in Songpa-gu Seoul, Songpa-gu to the account by telephone from the person who has no name.

“On June 12, 2015, around 09:30 on June 12, 2015, the bank account number (D) in the name of the Defendant was notified to C of the new bank account number (hereinafter referred to as “C”) at the entrance of B, a 42-ro, Jung-gu, Seoul, via the entrance of B, a 42-ro, B, Jung-gu, Seoul.

On June 12, 2015, at a place where it is difficult to identify a place, at around 10:37, it is necessary to post a telephone to the victim E, misrepresente the investigator of the prosecutor's office to clarify the relation to the crime of the victim, and make the victim access the site where the victim installed the malicious program, and obtain the victim's information by entering the victim's personal information, such as the password and the serial number of the security card, etc., by using the victim's information acquired, and enter the information or order without authority into the data processing device, such as the computer, etc. using the information acquired, and received KRW 10 million from the bank account of the victim to the above new bank account in the name of the defendant at around 12:06 on the same day.

From around 12:44 on the same day, the Defendant would lend KRW 2,00,000 to a party account because he/she has deposited KRW 10,000 to a party account.

Recognizing that the money was acquired due to the above criminal acts, “” withdrawn KRW 10 million transferred from the account of the injured party’s bank at the Seoul Square branch in Jung-gu Seoul Central Bank located in 16, Jung-gu, Seoul, to C and delivered the said money to C.

As a result, the Defendant aided and abetted the crime of fraud by using the computer, etc. of the person who was killed in the name of the victim by facilitating the acquisition of pecuniary benefits to the victim by inputting the information without authority into the data processing system, such as computer, etc.

(i) the evidence;

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