beta
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The Defendant: (a) installed a malicious code on a computer, etc. to allow two or more unspecified persons to access a false Internet site; (b) opened a false information on financial transactions to enter the information; and (c) recruited a “mining” fraud to transfer money to the account using the information; and (d) intended to take the role of withdrawing the transferred amount.
On January 24, 2015, two persons in distressed were installed in the business-use computer used by D in charge of accounting of the victim C in an irregular manner in a place that is unknown to him/her.
At around 13:30 on January 26, 2015, the above D had access to the Internet site of the KB National Bank to confirm the balance of the bank account in the victim's name, and had the pop-up establishment enter the account number, password, official authentication number, and the above D mobile phone number, etc. for security certification while opening the pop-up and continued to identify the OTP number for security certification by posting the phone to D at around 13:46 on the same day.
The victims of the above name misscams sent KRW 100 million to the company bank account (Account Number:F) in the name of the defendant at around 15:39 of the same day by accessing the victim's Busan Bank Internet banking site without authority by using the financial transaction information discovered as above.
Around that time, the Defendant received the order from the above-mentioned under the direction of withdrawal, and then withdrawn KRW 100,000 from the military branch of the 898 Enterprise Bank, Sipo-si from 15:57 to 16:28 of the same day, and delivered it to the person who has suffered the un
Accordingly, the defendant, in collusion with two or more persons in distress, obtained financial benefits equivalent to KRW 100 million by making data processed by inputting information without authority into a computer or any other information processing device.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Sup-up screens for a pop-up establishment;