컴퓨터등사용사기등
The prosecutor's appeal is dismissed.
1. The gist of the prosecutor's grounds for appeal is that it was difficult to verify the contents of the deposit and withdrawal written in writing on the passbook as a gate, and that only the balance written in the number was confirmed when arranging a passbook, and that E was unable to read the contents of the application for electronic financial transactions on March 16, 2010, and that the application form for electronic financial transactions contains an amount indicated only in the column of transfer limit, and it is irrelevant to the actual amount of loan. In light of the above, it is sufficient to establish the facts charged in the instant case that the defendant illegally used the electronic certificate of E from the scope of the use of the electronic financial certificate of E and obtained property benefits by making the data processed by inputting it without authority to the information processor, such as computer, etc., and the judgment below acquitted the defendant, which affected the conclusion of the judgment.
2. In light of the records, the court below's findings of fact and its determination are just and acceptable, and the following circumstances acknowledged by considering the statements of K witness at the trial of the evidence revealed as follows. ① In the police investigation as to the preparation process of the electronic financial transaction application on March 16, 2010, Eul stated that the defendant and the defendant have written the name in the signature column of the above applicant at the time of the investigation. However, after the prosecutor's investigation, the prosecutor stated that the defendant was present at the time of the above bank's opening of the resident registration certificate to the defendant and the defendant was processed all of the work at the mixed business counter of the above bank. ② According to the above bank's online counter work manager at the time, the employee in charge of electronic financial transactions was confirmed whether the applicant himself/herself was in charge of the above bank's online counter work, and explain the transfer limit and transaction limit to the principal, and signed the application form.