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(영문) 창원지방법원 2018.09.06 2018고단999

컴퓨터등사용사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On February 2018, the Defendant: (a) committed theft: (b) on the part of the police officer Kimhae-si; (c) on the part of the former spouse D, E Borrowing 201, the residence of the victim D; and (d) on the part of the victim, the Defendant stolen a passbook owned by the agricultural cooperative head (F) and a seal owned by the victim; and (b) on the part of the victim.

A. On February 21, 2018, the Defendant: (a) around 14:04, at the victim Nong Bank counter located in front of an international new city apartment located in Gangseo-gu Busan Metropolitan City, Gangseo-gu, Busan, for the purpose of 5:59, the Defendant: (b) obtained the bank deposit and seal of D, as described in paragraph (1), from the counter staff, and had the counter staff transfer KRW 66,00,000 from the Nong Bank (Account Number:F) to the account in the name of G (Account Number: H).

Accordingly, the defendant acquired economic benefits of 66 million won by inputting information into a computer or any other information processing device without authority.

B. On February 21, 2018, around 14:13, around 2013: (a) the Defendant included a stolen passbook as described in paragraph (1) in the ATM period managed by the Victim Nonghyup Bank at the location described in paragraph (1); and (b) transferred KRW 3 million from the Nong Bank account in the name of the Defendant to the Nong Bank account in the name of the Defendant (Account Number:F).

Accordingly, the defendant acquired financial benefits of 3 million won by inputting information into a computer or any other information processing device without authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Article 347-2 of the Criminal Act (the fraud by using computers, etc.), Article 329 of the Criminal Act, and the choice of imprisonment, 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 62(1) of the Criminal Act on the suspension of execution (the following extenuating circumstances are considered for the reasons for sentencing).