beta
(영문) 부산지방법원 서부지원 2018.05.16 2018고정62

컴퓨터등사용사기등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

After the Defendant divorcedd on July 25, 2008 from the victim B (66) and on July 25, 2008, the Defendant liveded with him from around 2010 to March 2013.

1. A thief, Jun. 16, 2012, on the part of the Defendant: (a) around 20:30, Busan National Bank ATM instrument located in Seo-gu, Seo-gu, Busan, that used the gap in which the former victim was locked, thereby putting the victim’s physical bank card in front of the victim’s wall; and (b) then putting the victim’s physical bank card in front of the aforementioned ATM device, then then cutting the card card in front of the victim’s national bank number, which came to know through the victim’s cash withdrawal in front of the advance payment, and then cutting the card number in a way of bringing about 10,000 won and bringing about five times from the time of theft until February 15, 2013.

2. On June 17, 2012, around 20:30, the Defendant, such as a computer, etc., obtained a personal bank card in the name of the victim, which was kept on the part of the victim, by means of the cresh in which the former victim was locked in the ATM equipment located in Seo-gu Busan, Seo-gu, Busan, by inserting the victim’s physical bank card in the above ATM equipment, and then by inserting the victim’s physical bank card into the victim’s national bank card in the above ATM equipment, the Defendant acquired it from the time of receiving it by means of transfer of KRW 1,00,000 to the D account in the name of Busan Bank, Busan, which is his/her father, from February 15, 2013 to the time of receiving it by means of transfer of KRW 1,50,000,000 through the victim’s cash withdrawal.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a copy of trading statement;

1. Relevant legal provisions concerning criminal facts, Article 347-2 of the Criminal Act (the fraud by using computers, etc.), Article 329 of the Criminal Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The order of provisional payment;