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(영문) 창원지방법원 2015.07.02 2015노464
컴퓨터등사용사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts (Article 2 of the Criminal Act in the original trial) (Article 2 of the Criminal Act) Defendant A did not conspired to commit a fraudulent crime by using computers, etc. as indicated in the judgment with the employees of the phishing and aiding and abetting the commission of the crime by the employees of the phishing, but the court below found the Defendant guilty of this part of the facts charged, and asserts that there was an error of law that affected the conclusion of the judgment by misunderstanding of facts. 2) Defendant A asserts that the punishment sentenced by the court below (two years and six months of imprisonment, and

B. Defendant B asserts that the sentence imposed by the lower court (two years of suspended sentence in one year and six months of imprisonment, and confiscation) is too unreasonable.

2. Judgment on Defendant A’s assertion of mistake of facts

A. The summary of this part of the facts charged is that Defendant A sent the passbook, cash card, and password recruited to a person with no name (the name “N”, “O”, and “P”), and the said person engaged in financial fraud was a national bank information leakage and employee at a place where the location cannot be known at around 12:30 on September 1, 2014.

9.1. From 1. to 9. The policy was modified due to licensing, etc. in relation to resident registration numbers.

"At the end, the victim's account number, password, andOTP number (one-time identification number) is to be entered, and the above number and password of the victim were to be entered in the Internet banking site of fake National Bank.

From 12:47 to 12:50 on the same day by using the victim’s financial information as above, the employee in charge of financial fraud committed the crime is 4 times in total, including KRW 12,160,000 from the victim’s Internet banking transaction account to the victim’s Internet banking transaction account of community credit cooperatives in the name of J, and KRW 24,310,000 from the victim’s T Post Office account in the name of S, and KRW 24,150,000 from the post office account in the name of U, and KRW 24,120,000 from W’s company X account.

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