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(영문) 창원지방법원 마산지원 2018.06.22 2018고정29

컴퓨터등사용사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 24, 2017, the Defendant transferred KRW 2,630,998 to a new bank account (E) in the name of the Defendant from the Nonghyup Bank account (Account Number: D) in the name of the victim, in which the victim had resided together with the victim C’s house 601 apartment B apartment house 601 in Changwon-si, Changwon-si, Seoul Special Metropolitan City, and the victim used the victim’s mobile banking service using the victim’s mobile phone and entered the secret and secret number of the victim’s official certificate and the bank password, which was known to him/her, from the victim’s personal account (Account Number:D).

Accordingly, the defendant acquired economic benefits by inputting information without authority into a computer or any other information processing device.

Summary of Evidence

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Relevant legal provisions concerning facts constituting an offense, Article 347-2 of the Criminal Act selecting a sentence, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order has the same record as the defendant, and the defendant has not been agreed with the victim, and other various sentencing conditions such as the motive and circumstances of the crime, the amount of damage, and the circumstances after the crime shall be determined by taking into account the following factors.