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(영문) 부산지방법원 2012.02.15 2011고단6095
컴퓨터등사용사기등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is a person who operated the D Juristic Agent Agency on the fourth floor of the Busan Metropolitan Government C building.

E around February 29, 2008, through the Defendant, paid the monthly insurance premium of KRW 1 million to Dongyang Life Insurance Co., Ltd. upon joining the same insurance premium of KRW 1 million. On March 29, 2010, the Defendant was willing to receive a standardized contract loan or withdraw the insurance money paid by E in the form of occasional withdrawal from the insurance money.

On March 16, 2010, the Defendant: (a) obtained the Defendant’s consent by lending KRW 5 million out of the insurance money of (D) Suhocheon Manman National Social Insurance II from a standardized contract to give an interest on the face of the Plaintiff; (b) made E prepare an application for electronic financial transactions; and (c) obtained a security card and an authorized certificate for Internet banking.

The defendant, at the D Juristic Agent Office on March 18, 2010, obtained only the consent of five million won loan from E, using a computer, and then requested the victim to lend a standardized contract amounting to KRW 10 million to the victim after accessing the homepage of the D D Juristic Life Co., Ltd. with the victim's authorized certificate, and then applying for a standardized contract loan of KRW 10 million to the victim with the E's authorized certificate, the account number of the passbook in Busan Bank:

F. hereinafter referred to as “instant passbook”).

In this case, the defendant's transfer of KRW 10 million from the passbook to the account of agency of D legal entity to the account of agency of D legal entity in this case to acquire the financial profit equivalent to KRW 5 million, which is the difference in the amount of the consent, after having access to the Busan Bank Internet banking site.

Accordingly, the defendant uses the E-authorized certificate illegally beyond the scope of use or usage, and enters information into the data processing device, such as computer, without authority.

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