2015Nomen4506 Special Cases concerning the Prevention of Damage and Refund of Damage by Telecommunication Modern Fraud

Violation of separate law, computer, etc. fraud

A

On the spot, a prosecution is held, or a new trial is held.

Law Firm B

Attorney in charge C, D

November 25, 2015

A defendant shall be punished by imprisonment for one year.

Criminal facts

The defendant set up a false code on a computer, etc. to allow a large number of unspecified and unspecified persons to access the Internet site, and then enter financial transaction information into the Internet site, thereby leading to the defendant to withdraw the transferred amount after he/she conspireded to use the financial transaction information and to withdraw the transferred amount.

On February 4, 2015, a person whose name was omitted had installed a hacking program on a computer used by the victim E in an irregular manner at a location unknown to him/her. Around February 13:30, 2015, the victim who may know of this program was linked to the Internet site by a computer, and each bank’s address should be strengthened, and the security of the financial institution should be strengthened, and the victim was allowed to access the Internet site of the fake Agricultural Co., Ltd., and then the victim was able to identify the certification number received from the victim by telephone and the OTP card number, and was re-issued the victim’s name. The person whose name was omitted was 13:54 on the same day by accessing the Internet Bank site of the Agricultural Bank using an authorized certificate identified as above, and then transferred 7:9 million won from the Agricultural Bank Account in the name of the victim to the account of the defendant at around 13:54 on the same day.

At around 15:00 on the same day, the Defendant received the order of withdrawal from the above person under his name, presented a passbook to H of the counter staff at the point of origin of the foreign exchange bank, and withdrawn 79 million won from the counter staff and issued it to the person under his name.

As a result, the defendant, in collusion with the above-mentioned person, obtained financial benefits equivalent to 79 million won by making data processed by inputting information without authority into a computer or any other information processing device, and entered information or order into a computer or any other information processing device using information acquired from the victim for telecommunications fraud. The summary of the evidence is as follows.

1. Partial statement of the defendant;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement to E by the police;

1. Details of the results of the transfer process and the closure of the message of the petitioner mobile phone text messages;

1. Each CCTV reply;

1. Requests for warrant of search and seizure verification;

1. Investigation report (in the currency of staff of the counter of the reception point of the foreign exchange bank);

1. The Defendant asserted that he only withdrawn the money deposited in the Defendant’s name account in order to obtain a government loan from his name-based commercial person, and there was no contestation of his name-based and singishing crimes. However, according to each of the above evidence, the Defendant’s account was opened on November 26, 2014 where the Defendant had previously been unable to open the bank account because the Defendant’s agricultural bank account was used for the same kind of crime. The place of deposit in the instant account was not a government agency or public institution, the victim is an individual, not a government agency or public institution, and the amount of more than 79 million won deposited in the instant account. The ordinary lending procedures are more than 5 million won. Although the Defendant did not make a transaction through another person’s account, the Defendant’s loan was included in the Defendant’s lending from his male employee as well as the Defendant’s loan, and the Defendant’s name and payment of 700,000,000 won in consideration of the fact that the Defendant used the above money or made a statement to the Defendant’s account.

Since it is determined that the defendant conspireds to commit phishing crimes, such as allowing a nominal account to be used for the crime of this case and withdrawing the money deposited in the account, etc., it shall be paid five million won in return, the above argument by the defendant is rejected.

Application of Statutes

1. Article applicable to criminal facts;

Article 152-2(1)2 of the Special Act on Prevention of Loss and Refund of Loss Caused by Telecommunications-based Financial Fraud; Articles 347-2 and 30 of the Criminal Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Imprisonment Selection

The crime of "Singing" in this case, in which the defendant was involved in sentencing, is a very significant crime that is planned and organized by many and unspecified persons, and has a significant impact on society, and thus, it is necessary to strictly punish the defendant even if the defendant is not merely liable for cash withdrawal.

However, considering the fact that the defendant is recognized as substitute for the crime of this case, there is no previous conviction or more than a suspended sentence, the gains acquired are five million won, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, health, character and conduct, environment, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined.

Judges Kim Gin-han