beta
(영문) 대전지방법원 2017.04.19 2016고단4197

컴퓨터등사용사기등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 11, 2015, the Defendant, in a place where it is difficult to know, at a place where it is difficult to know, from a de facto marriage spouse C, obtained a credit card and password in his/her name from a new credit card in the name of C in preparation for cases where it is necessary to receive cash services, and then, entered the said credit card into a cash automatic withdrawal machine at a new bank located at a place where it is difficult to know on the same day, and withdrawn 80,000 won in cash, which was known after the sum of 16 times from that time until July 22, 2015, and then withdrawn 1,109,000 won in cash owned by the manager of the automatic cash withdrawal machine in the victim, as shown in attached Table 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to C;

1. Relevant Article 329 of the Criminal Act and the choice of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

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

1. The portion not guilty, such as the fact that the defendant is against the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the fact that the defendant and C are married couple in a de facto marital relationship, and C is not punishable by the defendant;

1. The summary of the facts charged is as follows: (a) at a place where it is impossible to know around June 3, 2015, the Defendant came to know of the password of one bank account in the name of the victim C in preparation for the need for living expenses from the victim C; (b) at a place where it is difficult to know on the same day to transfer money from the said bank account to another person’s account by means of a computer; and (c) after entering the password, etc. of the said account known without authority, 1.5 million won in cash to the Defendant bank account in the name of the Defendant; and (d) on the attached list 2.