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(영문) 인천지방법원 2016.01.07 2015고단7478
컴퓨터등사용사기
Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

In order to collect the access media such as passbooks, cards, etc. to be used for the crime, to identify the information related to the account and to transfer money to the account collected in advance by installing the victim's mobile phone program, to the victim's portable phone, and to instruct the defendant to transfer the access media such as the card to the defendant and to withdraw the cash, and the defendant shall confirm whether it is possible to use the cash card with D's instructions, and then he will receive money from the victim.

On June 7, 2015, upon the above public offering, the victim W’s mobile phone operator installed a malicious program and identified the account number, password, security card number, etc., and then transferred KRW 900,000 to the national bank account (Y) in X’s name from the agricultural bank account in the victim’s name.

On the same day, the Defendant confirmed whether it was possible to use the check card in the name of the above X at the central point of the innate of Han Bank, Hancheon-gu, Nam-gu, 17, and then again delivered it to the nameless Bosing Triman.

As a result, the defendant acquired financial benefits by inputting the information of the victim without authority in collusion with the information processing staff, such as computer, in collusion with the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements made by the police;

1. A detailed statement of currency and transactions, and the application of Acts and subordinate statutes to national bank reply data;

1. Taking into account the following circumstances: pertinent legal provisions on criminal facts and Articles 347-2 and 30 of the Criminal Act regarding the selection of punishment; the amount of damage caused by the reason for sentencing a sentence of imprisonment without prison labor is not so significant; the degree of participation is relatively minor; and the fact that an appellate trial is proceeding as a similar crime committed at a similar time at the same time.

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